t LIBRARY OF CONGRESS, t 



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'UNITED STATES OF AMKmCA.| 



SCHOOL LAWS 



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COMMON SCHOOL DECISIONS 



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STATE OF ILLINOIS. 



PREPARED AND ARRANGED BY 



NEWTON B A T E M A N, LL.D., 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. 



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PUBLISHED BY ORDER OF THE LEGISLATURE. 
1867. 



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SPECIAL NOTICE, 



This Volume belongs to the Board of Townsliip Trustees or of School Di- 
rectors receiving it. Its proper custodian is the To-wnship Treasurer for the 
use of the Board of Trustees, and the Clerk of the Board of School Directors 
for the use of said Board. But the Township Treasurer or District Clerk re- 
ceiving it, holds the same only in his official capacity, and must deliver it, on 
the expiration of his term, to his successor in office. 



Entered according to Act of Congress, in the year 1867, hy 

NEWTON BATEMAN, 

in the Clerk's office of the District Court of the United States, for the Southern 

District of Illinois. 



Preface. 



The object of this volume is to furnish to those in any way concerned 
with our system of common schools, in convenient form and small compass, 
information and instruction necessary to the proper discharge of their duties. 
That information being embodied in the school laws of the State and in the 
exposition and application of those laws by the Department of Public In- 
struction, and by the Courts, the book contains : 

I. The Common School Laws of the State, with all the latest amend- 
ments. 

II. A careful Analysis and Explanation of each section of the Amendatory 
Acts of February 16, 1865, and February 28, 1867. . 

III. The official Decisions and Instructions of the State Superintendent, 
and the Decisions of the Supreme Court, in relation to common schools. 

The official decisions are confirmed by copious references to and citations 
of judicial authorities. To this end the Supreme Court Reports of Illinois 
and of many other States have been carefully and exhaustively searched. It 
is hoped that this feature of the work will render it of some value to mem- 
bers of the bar and others, in the management of cases arising under the 
school laws of the State. 

The decisions embrace a wide range and great variety of subjects. It is 
believed that questions can hardly arise under our present school laws upon 
which some light, if not a definite answer, will not be found in this volume. 

Forms of all School Instruments are added for the convenience of school 
officers. Both the laws and decisions are very copiously indexed, and 
a hundred pages have been added to the book. The aim throughout has 
been to render the work a plain, practical and reliable common-school manual. 

N. B. 
Speingfibld, Illinois, October, 1867. 



Table of Contents. 



SCHOOL LAWS OF ILLINOIS, 
COMMON SCHOOL DECISIONS, . 
DISCUSSION OF AMENDMENTS, . 
ACT OF FEBRUAEY 28, 1867, 

EEMARKS ON FOREGOING ACT, 
OFFICIAL AND JUDICIAL DECISIONS, 

CONCERNING COUNTY SUPERINTENDENTS, . 

CONCERNING TOWNSHIP TRUSTEES, 

CONCERNING TOWNSHIP TREASURERS, . 

CONCERNING SCHOOL DIRECTORS, . 

CONCERNING TEACHERS, 

CONCERNING PUPILS, 

CONCERNING SCHOOL ELECTIONS, . 

SUPPLEMENTARY DECISIONS, .... 
FORMS OF SCHOOL INSTRUMENTS, .... 
STAMP DUTIES ON SCHOOL INSTRUMENTS, 
CALENDAR OF SCHOOL ELECTIONS AND DUTIES, 

INDEX TO SCHOOL LAWS, 

INDEX TO COMMON SCHOOL DECISIONS, ■ 



Page. 
1 

45 
47 
113 
114 
117 
118 
143 
169 
192 
235 
259 
265 
281 
303 
314 
316 
317 
821 



Errata. 



Page 252, last line, for gems read germs. 
Page 254, ninth line from bottom, for primitive read punitive. 
Page 279, ninth line from top, for therefor read therefore. 
Page 292, twelfth line from top, for list read test. 



Scliool Laws of Illinois. 



AN ACT TO ESTABLISH AND MAINTAIN A SYSTEM 
OF FEEE SCHOOLS. 



IN FORCE FEBRUARY 16, 1865. 



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION — HIS ELEC- 
TION AND DUTIES. 

Section 1. Be it enacted hy the People of the State of Illinois^ 
represented in the Creneral Assembly, That at the election to be 
held on Tuesday after the first Monday of November, A. D.,1866, 
and quadrennially thereafter, there shall be elected, by the legal 
voters of this state, a state superintendent of public instruction, 
who shall hold his office for four years, and until his successor Is 
duly elected and qualified. 

§ 2. Before entering upon his duties, he shall take and sub- 
scribe the usual oath of office, and shall also execute a bond, in 
the penalty of twenty-five thousand dollars, payable to the state 
of Illinois, with sureties to be approved by the governor, condi- 
tioned for the prompt discharge of his duties as superintendent of 
•public instruction, and for the faithful application and disposition, 
according to law, of all school moneys that may come into#,his 
hands by virtue of his office ; said bond and oath shall be depos- 
ited with the secretary of state, and an action may be maintained 
thereon by the state, at any time, for a breach of the conditions 
thereof. 

§ 3. It shall be his duty to keep an office at the seat of gov- 
ernment of the state, and to file all papers, reports and public doc- 
uments transmitted to him by the school officers of the several 
counties, each year separately, and to keep and preserve all other 
public documents, books and papers relative to schools, coming 
into his hands as state superintendent, and to hold the same in 
readiness to be exhibited to the governor, or to any committee of 
either house of the general assembly ; and shall keep a fair record 
of all matters pertaining to the business of his office. 
1 



A SCHOOL LAWS OF ILLINOIS. 

§ 4. He shall, without delay, pay over all suras of money 
which may come into his hands by virtue of his office, to the offi- 
cer or person entitled to receive the same, in such manner as may 
be prescribed by law. 

§ 5. He shall counsel and advise, in such manner as he may 
deem most advisable, with experienced and practical school teach- 
ers, as to the best manner of conducting common schools. 

§ 6. Said superintendent shall have the supervision of all the 
common and public schools in the state, and shall be the general 
adviser and assistant of county superintendents of schools in the 
state ; he shall, from time to time, as he shall deem for the interest 
of schools, address circular letters to said superintendents, giving 
advice as to the best manner of conducting schools, construct- 
ing school-houses, furnishing the same and procuring competent 
teachers. 

§ 7. Said state superintendent shall, before the fifteenth day of 
December of every year preceding that in which shall be holden 
a regular session of the general assembly, report to the governor 
the condition of the schools in the several counties of the state, 
the whole number of schools which have been taught in each 
county in each of the preceding years, commencing on the first 
Monday of October ; what part of said number have been taught 
by males exclusively ; what part by females exclusively ; what 
part of said whole number have been taught by males and females 
at the same time ; and what part by males and females at different 
periods ; the number of scholars in attendance at said schools ; the 
number of white persons in each county under twenty-one years 
of age; the amount of township and county fund; the amount of 
the interest of the state or common school fund, and of the interest 
of the township and of the county fund annually paid out; the 
amount raised by an ad valorem tax ; the whole amount annually 
expended for schools ; the number of school-houses, their kind and 
condition; the number of townships and parts of townships in 
each county; the number and descriptions of books and apparatus 
purchased for the use of schools and school libraries under the 
provisions of this act, the prices paid for the same, and total 
amount purchased, and what quantity and how distributed; and 
the number and condition of the libraries, together with such other 
information and suggestions as he may deem important in relation 
to the school laws, schools, and the means of promoting education 
throughout the state ; which report shall be laid before the general 
assembly at each regular session. 

§ 8. The said state superintendent of public instruction shall 
make such rules and regulations as he may think necessary and ex- 
pedient to carry into full effect the provisions of this act, and of all 
the laws which now are or may hereafter be in force for 'establish- 
ing and maintaining schools in this state; and the said superin- 



SCHOOL LAWS OT ILLINOIS. 3 

tendent shall have power, anrl it shall be his duty, to explain and 
interpret and determine to all county superintendents, directors, 
township and other school officers, the true intent and meanino; of 
this act, and their several duties enjoined thereby, and his decision 
shall be final, unless otherwise directed by the legislature, or 
reversed by a court of competent jurisdiction. 

§ 9. The said state superintendent shall have power to direct 
and cause the county superintendent of any county, directors or 
board of trustees or township treasurer of any township, or other 
school officer, to withhold from any officer, or township, or teacher, 
any part of the common school, or township, or other school fund, 
until such officer, township, or teacher shall have complied with 
all the provisions of this act relating to his, her or their duties, 
and such rules and regulations as the state superintendent may 
prescribe, not inconsistent with this act ; and the state superinten- 
dent may forbid the payment of any part of the common school, 
township, county or other school fund, to any district in which the 
school or schools have not been kept according to law, or in which 
no school has been kept for six months during the year next pre- 
ceding the demand for payment. 

§ 10. And the said state superintendent shall receive annually 
the sum of twenty-five hundred dollars, to be paid quarterly, as a 
salary for the services required under the provisions of this act, or 
any other law that may be passed, and also for all necessary con- 
tingent expenses, for books, postage and stationery pertaining to 
his office, to be audited and paid by the state, as the salaries and 
contingent expenses of other officers are paid. ^ 

COUNTY SUPERINTENDENTS — THEIIP ELECTION AND DUTIES. 

§ 11. On Tuesday next after the first Monday in November 
next, and on the Tuesday next after the first Monday in Novem- 
ber, every four (4) years thereafter, there shall be elected by the 
qualified voters of every county in this state, a county superintend- 
ent of schools, who shall perform the duties required by law. He 
shall, before entering upon his duties, take an oath for the faithful 
discharge of the same, and execute a bond, payable to the state of 
Illinois, with two or more responsible freeholders as security, to be 
approved by the county court or board of supervisors, in penalty 
of not less than twelve thousand dollars, to be increased at the dis- 
cretion of said court or board of supervisors, conditioned that he 
will faithfully perform all the duties of his office, according to the 
laws which are or may be in force ; by which bond the obligors 
shall be bound jointly and severally, and upon which an action or 
actions may be maintained by the board of trustees of the proper 
township, for the benefit of any township or fund injured by any 
breach thereof; and joint action may be had for two or more 



4 SCHOOL LAWS OF ILLINOIS. 

funds. The said county superintendents of scliools shall be suc- 
cessors to the school commissioners, as heretofore known and 
designated in the act to which this act is amendatory, and all other 
acts where the term "school commissioner" is used; and all rights 
of property, and rights and causes of action, existing or vested in 
school commissioners, for the use of the inhabitants of the county, 
or any township thereof, or any part of them, shall vest in the 
county superintendents of schools, as successors, in as full and 
complete a manner as was vested in the school commissioners. 

§ 12. The bond required in the foregoing section shall be in 
the following form, viz : 

STATE OF ILLINOIS, ? g^ 
County. J 

Know all men by these presents, that we, A. B., C. D. and E. ¥., are held and 
firmly bound, jointly and severally, unto the people of the state of Illinois, in the 

penal sum of dollars, to the payment of which we bind ourselves, our 

heirs, executors and administrators, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this —— day of 
, A. D., 186—. 

The condition of the above obligation is such, that if the above bounden A. B., 
county superintendent of the county aforesaid, shall faithfully discharge all the 
duties of said office according to the laws which now are, or may hereafter be in 
force, and shall deliver over to his successor in office all moneys, books, papers and 
property in his hands as such countj^ superintendent, then this obligation to be void ; 
otherwise to remain in full force and virtue. 



A B- 

C D- 

E F- 



SEAL.J 
SEAL.] 
SEAL.1 



And which bond shall be filed in the office of the county court. 

§ 13. The said superintendent shall be liable to removal by the 
county court, (or in counties adopting township organization, by 
the board of supervisors,) for any palpable violation of law or 
omission of duty; and if a majority of said coui't or board of 
supervisors shall at any time be satisfied that his bond is insuffi- 
cient, it shall be his duty, on notice, to execute a new bond, to be 
payable, conditioned and approved as the first bond, the execution 
of which shall not affect the old bond, or the liability of the secu- 
rity thereof; and when the office of county superintendent shall 
become vacant by d^ath, resignation, or otherwise, the county 
court, or board of supervisors, shall fill the same by appointment 
for the unexpired term, and the person so appointed shall hold his 
office until his successor shall be qualified. 

§ 14. The said superintendent shall provide three well bound 
books, to be known and designated by the letters A, B, C, for the 
following purposes : In book A he shall record at length all peti- 
tions presented to him for the sale of common school lands, and 
the plats and certificates of valuation made by or under the direc- 
tion of the trustees of schools, and the affidavits in relation to the 
same. In book B he shall keep an account of all sales of common 
school lands; which account shall contain the date of sale, name 



SCHOOL LAWS OF ILLINOIS. O 

of purchaser, description of lands sold, and the sum sold for. In 
book C he shall keep a regular account of all moneys received for 
lands sold, or otherwise, and loaned or paid out; the person of 
whom received, and on what account, and showing whether it is 
principal or interest ; the person to whom loaned, the time for 
which the loan was made, the rate of interest ; the names of the 
securities when personal security is taken, or if real estate is taken 
as security, a description of said real estate ; and if paid out, to 
whom, when, and on what account, and the amount paid out; the 
list of sales, and the accounts of each fund to be kept separate. 
Said book shall be paid for out of the county treasury of the coun- 
ties in which they are used. 

§ 15. Whenever the bond of the township treasurer, approved 
by the board of trustees of schools, as required by law, shall be 
delivered to the county superintendent, he shall carefully examine 
the same, and if the instrument is found to be in all respects 
according to law, and the securities good and sufficient, he shall 
endorse his approval thereon, and file the same with the papers 
of his office ; but if said bond is in any respect, defective, he shall 
return it for correction. When the bond shall have been duly 
received and filed, the superintendent shall, on demand, deliver 
to said township treasurer, all moneys, bonds, mortgages, notes 
and securities, and all papers of every description belonging to 
said township ; and the said township treasurer shall receipt for 
the same, which receipt shall be carefully filed and preserved by 
the county superintendent, and shall be evidence of the fact 
therein stated. 

§ 16. Upon the receipt of the amount due upon the auditor's 
warrant, the county superintendent shall apportion one-third of 
said amount to the several townships and parts of townships in his 
county, in proportion to the number of acres therein, and the 
remaining two-thirds to the several townships and fractional town- 
ships in his county, according to the number of white children, 
under twenty-one years of age, returned to him, in which town- 
ships or parts of townships schools have been kept in accordance 
with the provisions of this act, and with the instructions of the 
state and county superintendents, and shall pay over the distribu- 
tive share belonging to each township and fractional township, to 
the respective township treasurers, or other authorized persons, 
annually ; and when there is a county fund in the hands of any 
county superintendent, he shall loan the same at any rate of inter- 
est not less than six per cent., nor more than ten per cent., said 
rate to be fixed by the county court or boai'd of supervisors, and 
apportion the interest as provided in this section : Provided^ that 
no part of the state, county, or other school fund shall be paid to 
any township treasurer or other person, authorized by said treas- 
urer, unless said township treasurer has filed his bond as required 



b SCHOOL LAWS OF ILLINOIS. 

by the fifty-fifth section of the act, nor in case said treasurer is re- 
appointed by the trustees, unless he shall have renewed his bond 
and filed the same as aforesaid. 

§ 17. On or before the second Monday of November before 
each regular session of the general assembly, or annually, if so 
required by the state superintendent, the county superintendent 
shall communicate to said state superintendent all such informa- 
tion and statistics upon the subject of schools in his county as the 
said state superintendent is bound to embody in his report to the 
governor, and such other information as the state superintendent 
shall require ; and no county from which such report is not re- 
ceived in the manner and within the time required by law, shall 
be entitled to any part of the state school fund for the year next 
succeeding that in which no report was made ; and the county 
superintendent so failing or refusing to report, shall be liable to 
removal by the county court or board of supervisors, for such 
neglect of duty : Provided, that the state superintendent may 
remit the forfeiture of funds prescribed in this section, for satisfac- 
tory cause. 

§ 18. The county superintendent, upon his removal or resig- 
nation, or at the expiration of his term of service, (or in case of 
his death, his representatives,) shall deliver over to his successor 
in oflSce, on demand, all moneys, books, papers and personal 
property belonging to the office, or subject to the control or dispo- 
sition of the county superintendent. 

§ 19. The county superintendent may loan any money, not 
interest, belonging to the county fund, before the same is called 
for according to law by the township treasurer, at the same rate 
of interest, upon the same security and for the same length of 
time as is provided by this act in relation to the township treas- 
urers ; and notes and mortgages taken in the name of the " county 
superintendent " of the proper county, shall be, and all loans 
heretofore made in the name of the " school commissioners," are 
herebjT declared to be as valid as if taken in the name of the 
" trustees of schools " of the proper township, and suits may be 
brought in the name of the " county superintendents " on all notes 
and mortgages heretofore or hereafter made payable to county 
superintendents. 

§ 20. It shall be the duty of th^ county superintendent to 
visit every school in his county at least once each year, and oftener 
if practicable, ?and to note the methods of instruction, the branches 
taught, the text-books used, and the discipline, government and 
general condition of the schools. He shall grive such directions 
m the science, art and methods of teaching as he may deem ex- 
pedient and necessary, and shall be the official adviser and con- 
stant assistant of the school officers and teachers of his county, 
and shall faithfully carry out the advice and instructions of the 



SCHOOL LAWS OF ILLINOIS. 7 

state superintendent. He shall encourap^e tlie formation and assist 
in the management of county teachers' institutes, and labor in 
e^^ery practicable way to elevate the standard of teaching and im- 
prove the condition of the common schools of his county. In all 
controversies arising under the school law, the opinion and advice 
of the county superintendent shall first be sought, whence appeal 
may be taken to the state superintendent, upon a written state- 
ment of facts, certified by the county superintendent. 

§ 21. In all cases where the township board of trustees of any 
township shall fail to prepare and forward, or cause to be prepared 
and forwarded, to the county superintendent, the information and 
statistics required of them in this act, it shall be the duty of said 
county superintendent to employ a competent person to take 
the enumeration and furnish said statistical statement as far as 
practicable, to the superintendent ; and said person so employed 
shall have free access to the books and papers of said township, to 
enable him to make such statement ; and the township treasurer, 
or other officer or person in whose custody such books and papers 
may be, shall permit said person to examine such books and papers, 
at such times and places as such person ma,y desire for the pur- 
poses aforesaid; and the said county superintendent shall allow, 
and pay, to the person so employed by him, for the services, such 
amount as he may judge reasonable, out of any money which is 
or may come into said superintendent's hands, apportioned as the 
share of, or belonging to, such township ; and the said county 
superintendent shall proceed to recover and collect the amount so 
allowed or paid for such services, in a civil action before any jus- 
tice of the peace m the county, or before any court having juris- 
diction, in the name of the people of the state of Illinois, of and 
against the trustees of schools of said township, in their individual 
capacity ; and in such suit or suits the said county superintendent 
and township treasurer shall be competent witnesses ; and the 
money so recovered, when collected, shall be paid over to the 
county superintendent for the benefit of said township, to replace 
the money as taken aforesaid. 

§ 22.* When any real estate shall have been taken for debts 
due to any school fund, the title to which real estate has become 
vested in any county superintendent, or trustees of schools, for the 
use of the inhabitants of two or more townships, the county super- 
intendent may re-sell such real estate for the benefit of said town- 
ships, under the provisions of this act regulating the sale of the 
common school lands ; and the said superintendent is hereby 
authorized to execute conveyances to purchasers ; and said super- 
intendent shall be entitled to retain the same percentage on the 
amount of such sale, out of the assets thereof, as he is entitled to 
for selling the common school lands. 



O SCHOOL LAWS OF ILLINOIS. 

TOWNSHIPS — TRUSTEES OF SCHOOLS. 

§ 23. Each congressional township is hereby established a 
township for school purposes. The business of the township shall 
be done bj three trustees, to be elected by the legal voters of the 
township, who, upon their election, as hereinafter provided, shall 
be a body politic and corporate, by the name and style of " trustees 
of schools of tcfwnship , range ," according to the num- 
ber. The said corporation shall have perpetual existence, shall 
have power to sue and be sued, to plead and be impleaded, in all 
courts and places where judicial proceedings are had. Said 
trustees shall continue in office three (3) years, and until others 
are elected and enter upon the duties of their office. At the first 
regular election of trustees, after the passage of this act, three 
trustees shall be elected, v^^ho shall, at their first meeting, which 
shall be within ten days after said election, draw lots for their 
respective terms of office, for one, two and three years, and there- 
after one trustee shall be elected annually. If but two of the 
trustees elect shall be present at the first meeting as aforesaid, 
they shall draw lots as aforesaid, and the lot not drawn shall de- 
termine and fix the term of office of the remaining trustee. 

§ 24. No person shall be eligible to the office of trustee of 
schools, unless he shall be twenty-one years of age, and a resident 
of the township. 

§ 25. The election of trustees of schools shall be on the second 
Monday in October, annually ; but in townships where such elec- 
tion has not been heretofore had, or where there are no trustees of 
schools, the election of trustees of schools may be holden on any 
Monday ; notice being given as hereinafter in this section required. 
The first election shall be ordered, if in townships already incor- 
porated, by the trustees of schools of the township, the township 
treasurer giving notice of the time and place by posting up notices 
of the same at least ten days previous to the day of election, at or 
in the school-house, or in the most public place in every school 
district in the township. If there are no trustees of schools in a 
township, the clerk of the county court shall cause the notice to 
be given as aforesaid. For all subsequent elections, the like no- 
tices shall be given by the trustees of schools, through the town- 
ship treasurer : Provided, that, if upon any day appointed as 
aforesaid, for election aforesaid, the said trustees of schools, or 
judges, shall be of opinion that, on account of the small attendance 
of voters, the public good requires it, or if the voters present, or 
a majority of them, shall desire it, they shall postpone said election 
until the next Monday, and at the same place and hour ; at which 
meeting the voters shall proceed as if it were not a postponed or 
adjourned meeting : And, provided, also, that if notice shall not 
have been given as above required, then, and in that case, said 



SCHOOL jLAWS OF ILLINOIS. 9 

election may be ordered, as aforesaid, and holden on the first Mon- 
day in November, or any other Monday ; notice thereof being 
given as aforesaid : And, provided, also, that if the townsliip 
treasurer shall fail or refuse to give notice of the regular election 
of trustees, as aforesaid, and if, in case of a vacancy, the remain- 
ing trustee, or trustees, shall fail or refuse to order an election to 
fill such vacancy, as required in section twenty-nine of the act, 
then, and in each case, it shall be the duty of the county superin- 
tendent to order an election of trustees, or to fill vacancies, as 
aforesaid, and all elections so ordered and held shall be valid to 
all intents and purposes vi^hatever. 

§ 26. Two of the trustees of schools of incorporated townships, 
if present, shall act as judges, and one as clerk of said election. 
If said trustees shall fail to attend, or refuse to act when present, 
and in townships unincorporated, the qualified voters present shall 
choose from among themselves, three judges and a clerk to open 
and conduct such election. 

§ 27. The time and manner of opening, conducting and clos- 
ing said election, and the several liabilities appertaining to the 
judges and clerks, and to the voters separately and collectively, 
and the manner of contesting said elections shall be the same as 
prescribed by the general election laws of this state, defining the 
manner of electing magistrates and constables, so far as applicable, 
subject to the provisions of this act : Provided, the judges may 
close said election at four o'clock P. M. 

§ 28. No person shall vote at said election unless he possesses 
the qualification of a voter at a general election. In case of a tie 
at such election it shall be determined by lot, on the day of elec- 
tion, by the judges thereof. 

§ 29. When a vacancy or vacancies shall occur in the board 
of trustees of schools, the remaining trustee or trustees shall order 
an election to fill such vacancy, upon any Monday ; notice to be 
given as required in section twenty-five he-reof. 

§ 30. Uj)on the election of trustees of schools, the judges of 
the election shall cause the poll book of said election to be delivered 
to the county superintendent of the county, with a certificate 
thereon, showing the election of said trustees and names of the 
persons elected ; which poll book, with the certificate, shall be filed 
by said superintendent, and shall be evidence of such election. 

§ 31. The said trustees of schools, elected as aforesaid, shall 
be successors to the trustees of school lands, appointed by the 
county commissioners' court, and of trustees of schools elected in 
townships, under the provisions of " An act making provic^ons for 
organizing and maintaining common schools," approved February 
26, 1841, and of "An act to establish and maintain common 
schools," approved March 1, 1847. All rights of property, and 
rights and causes of action, existing or vested in the trustees of 



10 SCHOOL LAWS OF IJiLINOIS. 

school lands, or trustees of schools appointed or elected as afore- 
said, for the use of the inhabitants of the township, or any part of 
thera, shall vest in the trustees of schools as successors, in as full 
and complete a manner as was vested in the school commissioner, 
(the trustees of school lands,) or the trustees of schools appointed 
and elected as aforesaid. 

§ 32. It shall be the duty of the board of trustees to hold 
regular semi-annual meetings on the first Mondays of April and 
October, and special meetings may be held at such other times as 
they may think proper. Special meetings of the board may be 
called by the president or any two members thereof, and at all 
meetings, two members of the board shall be a quorum for business. 
The board shall organize by appointing one of their number presi- 
dent, and some person, who shall not be a director or trustee, treas- 
urer, who shall be, ex-officio, clerk of the board. The president 
shall hold his office for one year, and the treasurer for two years, 
and until their successors are appointed ; but either of said officers 
may be removed by the board for good cause. It shall be the duty 
of the president to preside at the meetings of the board ; and it 
shall be the duty of the clerk to be present at all meetings of the 
boai'd, and to record in a book to be provided for that purpose, all 
their official proceedings, which shall be a public record, open to 
the inspection of any person interested therein ; and all of said 
proceedings, when recorded, shall be signed by the president and 
clerk. If the president or clerk shall be absent, or refuse to per- 
form Vmy of the duties of his office at any meeting of the board, 
a jjresident or clerk, pro tempore^ "^ay be appointed. 

§ 33. Trustees of schools shall lay off the township into one 
or more districts, to suit the wishes and convenience of a majority 
of the inhabitants of their township, and shall prepare, or cause 
to be prepared, a map of their township, as often as may be neces- 
sary, on which map shall be designated district or districts, to be 

styled, "district No. , in township No. ," v\^hich districts 

they may alter or change at any regular session ; which map shall 
be certified by the president and clerk of the board, and filed with 
and recorded by the county clerk, in a book to be kept for that 
purpose, to be paid for out of the county treasury : Provided^ that 
school districts may be formed out of parts of two or more town- 
ships, or fractional townships, in which case the trustees of schools 
of the townships interested, shall concur in the formation of such 
districts. When a new district is formed from one or more dis^ 
tricts, the trustees of the township or townships concerned, shall 
make division of any tax funds, or other funds which are or may 
be in the hands of the township treasurer or treasurers, in propor- 
tion to the amount of taxes collected from the property remaining 
in each district, and all school property belonging to the district 
or districts out of which the new district is formed shall be ap- 



SCHOOL LAWS OF ILLINOIS. 11 

praised in a just and equitable manner, and tlie estimated value 
shall be difitributed by the trustees among the districts cuncerned, 
in proportion to the amount of" taxable property remaining in each ; 
and the town treasurer or treasurers shall forthwith place the sum 
so distributed to the credit of the respective districts, subject to 
the order of the directors thereof: Provided., that the funds on 
hand shall be divided at the time such new district is formed, and 
that all funds payable, but not yet received by the treasurer or 
treasurers, shall be divided as soon as received, and that the school 
property shall be appraised and apportioned as aforesaid within 
three months from the formation of such new district. And when 
any two or more districts shall be consolidated into one, the new 
district shall own all the corporate property and funds of the 
several districts. 

§ 3-1. At the regular semi-annual meetino;s on the first Mon- 
days of April and October, the trustees shall ascertain the amount 
of state, county and township funds on hand and subject to distri- 
bution, and shall apportion the same as follows ; First, two per 
cent, to the township treasurer. Second, whatever may be due for 
the books of the treasurer, and such sum as may be deemed reason- 
able for dividing school lands, making plats, etc. Third, of the 
remainder, one-half shall be divided among the districts in propor- 
tion to the number of children under twenty-one years of age in 
each, and the other half in proportion to the attendance certified 
in the schedules. The funds thus apportioned shall be placed on 
the books of the treasurer to the credit of the respective districts, 
and the same shall be paid out by the treasurer on the legal orders 
of the directors of the proper districts. 

§ 35. Pupils shall not be transferred from one district to an- 
other without the written consent of a majority of the directors of 
both districts ; which written permits shall be delivered to and filed 
by the proper township treasurer, and shall be evidence of such 
consent. A separate schedule shall be kept for each district, and 
in each schedule shall be certified the proper amount due the 
teacher from that district, computed upon the basis of the total 
number of days' attendance of all the schedules. If the districts 
fi-om which the pupils are transferred are in the same township as 
the district in which the school is taught, the directors of said dis- 
trict shall deliver the separate schedules to their township treas- 
urer, who shall credit the district in which the school was taught, 
and charge the other districts with the respective amounts certified 
in separate schedules to be due. If pupils are transferred from a 
district of another township, the schedule for that district shall be 
delivered to the directors thereof, who shall immediately draw an 
order on their treasurer, in favor of the teacher, for the amount 
certified to be due in said separate schedules. A majority of the 
directors of each of two or more districts may consolidate said 



12 SCHOOL LAWS OF ILLINOIS. 

districts and appoint tbree directors for the union district so formed, 
who shall be styled, " directors of union district No. , town- 
ship No. ," who shall have all the powers conferred by law 

upon other school directors. The proceedings of the act of con- 
solidation shall be signed by a majority of each of the concurring 
boards of directors, and delivered to the trustees of the proper 
township, and shall be evidence of such consolidation ; and upon 
receiving a copy of said proceedings, it shall be the duty of the 
trustees to change the map of .the township in accordance there- 
with, and file the same with the clerk of the county court. The 
separate boards of directors shall then be dissolved, and the union 
directors shall draw lots for their respective terms of office and be 
thereafter elected as provided in the forty-second section of the act. 
§ 36. The board of trustees of each township in this state 
shall prepare, or cause to be prepared, by the township treasurer, 
the clerk of the board, or other person, and forwarded to the county 
superintendents of the county in which the township lies, on or 
before the second Monday of October, preceding each regular 
session of the general assembly of this state, and at such other 
times as may be required by the county superintendent, or by the 
state superintendent of public instruction, a statement exhibiting 
the condition of schools in their respective townships for the pre- 
ceding biennial period, giving separately each year, commencing 
on the first Mondays of October, and ending on the last of Sep- 
tember ; Avhich statement shall be as follows : First, the whole 
number of schools which have been taught in each year ; what 
part of said schools have been taught by males exclusively ; what 
part have been taught by females exclusively ; what part of said 
whole number have been taught by males and females at the same 
time, and what part by males and females at different periods. 
Second, the whole number of scholars in attendance at all the 
schools, giving the number of males and females separately. 
Third, the number of male and female teachers, giving each sepa- 
rately ; the highest, lowest, and average monthly compensation 
paid to male and female teachers, giving each item separately. 
Fourth, the number of persons under twenty-one years of age. 
Fifth, the amount of the principal of the township fund ; the 
amount of the interest on the township fund paid Into the town- 
ship treasury ; the amount of state or common school fund re- 
ceived by the township treasurer ; the amount raised by ad valorem 
tax and the amount of such tax received into the township treas- 
ury, and the amount of all other funds received into the town- 
ship treasury. Sixth, amount paid for teachers' wages ; the 
amount paid for school-house lots ; the amount paid for building, 
repairing, purchasing, renting and furnishing school-houses ; the 
amount paid for school apparatus, for books and other incidental 
expenses for the use of school libraries ; the amount paid as com- 



SCHOOL LAWS OF ILLINOIS. ' 13 

pensation to township officers and others. Seventh, the whole 
amount of the receipts and expenditures for school purposes, 
together with such other statistics and information in regard to 
schools as the state superintendent or county superintendent may- 
require. And any township from which such report is not received 
in the manner and time required by law, shall forfeit its portion ot 
the public funds for the next ensuing year : Provided, that upon 
the recommendation of the county superintendent, or for good and 
sufficient reasons, the state superintendent may remit such forfeiture. 

§ 37. In all cases where a township is or shall be divided by a 
county line or lines, the board of trustees of such township shall 
make or cause to be made, separate enumerations of male and 
female white persons of the ages as directed in the foregoing sec- 
tion of this act, designating separately the number residing in each 
of the counties in which such may lie, and forward each respective 
number to the proper county superintendent of each of said coun- 
ties ; and in like manner, as far as practicable, all other statistics 
and information enumerated and required to be reported in the 
aforesaid section, shall be separately reported to the several county 
superintendents ; and all such parts of said statistical information 
as are not susceptible of division, and are impracticable to be re- 
ported separately, shall be reported to the county superintendent 
of the county in which the sixteenth section of such township is 
situated. 

§ 38. At each semi-annual meeting, and at such other meet- 
ings as they may think proper, the said township board shall ex- 
amine al] books, notes, mortgages, securities, papers, moneys and 
effects of the corporation, and the accounts and vouchers of the 
township treasurer, or other township school officer, and shall 
make such order theron for their security, preservation, collection, 
correction of errors, if any, and for their proper management, as 
may seem to said board necessary. 

§ 39. The board of trustees of each township in the state may 
receive any gift, grant, donation or demise made for the use of any 
school or schools, or library, or other school purposes within their 
jurisdiction ; and they shall be, and are hereby invested in their 
corporate capacity, with the title, care and custody of all school- 
houses and school-house sites ; but the supervision and control of 
them is expressly vested in the directors of each district in which 
said property is situated ; arid when, in the opinion of the school 
directors, the school-house site has become unnecessary, or unsuit- 
able, or inconvenient for a school, said board shall sell and convey 
the same in the name of the said board, after giving at least twenty 
days' notice of such sale, by posting up written or printed notices 
thereof, particularly describing said property and terms of sale, 
and such conveyance shall be executed by the president and clerk 
of said board, and the avails shall be paid over to the township 



14 • * SCHOOL LAWS OF ILLINOIS. 

treasurer for tlie benefit of said district, and all conveyances of 
real estate which may be made to said board shall be made to said 
board in their corporate name, and to their successors in office. 

§ 40. The township board shall cause all moneys for the use 
of the townships to be paid over to the township treasurer. 
They shall have power, also, to remove the township treasurer at 
any time, for any failure or refusal to execute or comply with any 
order or requisition of said board, legally made, or any other im- 
proper conduct in the discharge of his duty as treasurer, or at any 
time they may deem such removal expedient. They shall also 
have power, for any failure or refusal as aforesaid, to sue him upon 
his bond. 

§ 41. The township trustees are hereby vested with general 
power and authority to purchase real estate, if in their opinion the 
interests of the township fund will be promoted thereby, in satis- 
faction of any judgment or decree wherein the said board or 
county superintendent are plaintiffs or complainants ; and the title 
of such real estate so purchased shall vest in said board, for the 
use of the inhabitants of said township, for school purposes ; and 
all purchases of land heretofore made by county superintendents, 
or trustees of school lands, or trustees of schools, for the use of 
any fund or township for the use of schools, are hereby declared 
valid. The said board are hereby vested with general power and 
authority to make all settlements with persons indebted to them 
in their official capacity ; or receive deeds of real estate in com- 
promise ; and to cancel in such manner as they may think proper, 
notes, bonds, mortgages, judgments and decrees, existing, or that 
may hereafter exist, for the benefit of the township, when the in- 
terest of said township, or the fund concerned, shall, in their 
opinion, require it ; and their action shall be valid. Said board 
of trustees are hereby authorized to sell or lease, at public auction, 
any land that may come into their possession, in such manner and 
on such terms, as they shall deem far the interest of the township : 
Provided, that in all cases of sale of land, as provided in this sec- 
tion, the sale shall be made at the same place, and notice given of 
it in the same manner as is provided in this act for the sale of the 
sixteenth section. 

SCHOOL DIRECTORS — THEIR EJ.ECTION AND DUTIES. 

§ 42. The annual election of school directors shall be on the 
first Monday of August, when one director shall be elected in each 
district, who shall hold his office for three years, and until his 
successor is elected. In new districts the first election may be on 
any Monday, notice being given by the township treasurer, as for 
the election of trustees, when three directors shall be elected, Avho 
shall, at their first meeting, draw lots for their respective terms of 



SCHOOL LAWS OF ILLINOIS. 15 

office, for one, two, and three years. When vacancies occur, the 
remainuig director or directors shall, without delay, order an 
election to fill such vacancies. Notices of all elections in organ- 
ized districts shall be given by the directors, at least ten days pre- 
vious to the day of said election. Said notices shall be posted in 
at least three of the most public places in the district, and shall 
specify the place where such election is to be held, the time of 
opening and closing the polls, and the question or questions to be 
voted on. Two of the directors shall act as judges and one as 
clerk of said election. But, if said directors shall fail to attend, 
or refuse to act, when present, and in unorganized districts, the 
legal voters when assembled shall choose three of their number to 
act as judges, and one as clerk of said election: Provided, that 
if upon the day appointed for said election, the said directors or 
judges shall be of opinion, that, on account of the small attendance 
of voters, the public good requires it, or if the voters present, or 
a majority of them, shall desire it, they shall postpone said election 
until the next Monday, at the same place and hour, when the 
voters shall proceed as if it were not an adjourned meeting : And 
provided, also, that if notice shall not have been given, as above 
required, then said election may be ordered as aforesaid, and holden 
on the third Monday in August, or any other Monday, notice 
thereof being o;iven as aforesaid. In case of a tie the iud^es shall 
decide it, by lot, on the day of election. The directors shall ap- 
point one of their number clerk,*vho shall keep a record of all the 
official acts of the board, in a well bound book, provided for the 
purpose ; which record shall be submitted to the township treas- 
urer, for his inspection and approval, on the first Mondays of 
April and October, and at such other times as the township treas- 
urer may require. Directors are authorized to use any funds 
belonging to their district, and not otherwise appropriated, for the 
purchase of a suitable book for their records, and the said records 
shall be kept in a punctual, orderly and reliable manner. No 
person shall be entitled to vote at any district election, on the 
question of raising money, unless he shall have, resided in the dis- 
trict at least thirty days immediately preceding said election, nor 
unless he shall have paid a tax in said district the preceding 
year, or shall have been assessed in such district for the year in 
which such election is held. After every election of directors, 
the judges shall cause the poll book to be delivered to the town- 
ship treasurer, with a certificate thereon showing the election of 
said directors and the names of the persons elected ; which poll 
book shall be filed by the township treasurer, and shall be evidence 
of said election. If any trustee or director shall not be an inhab- 
itant of the district or township which he represents, an election 
shall be ordered to fill the vacancy, and no person shall be at the 
same time a director and trustee, nor shall a director or trustee be 



16 SCHOOL LAWS OP ILLINOIS. 

interested in any contract made by tte board of which he is a 
member. Should the directors fail or refuse to order any regular 
or special election, as aforesaid, it shall be the duty of the town- 
ship treasurer to order such election, and if he fails to do so, then 
it shall be the duty of the county superintendent to order such 
election of directors, within ten days, in each case, of such failure 
or refusal ; and the electioti held in pursuance of such order shall 
be valid, the same as if ordered by the directors. 

§ 43. For the purpose of establishing and supporting free 
schools for six months, and defraying all the expenses of the same, 
of every description ; for the purpose of repairing and improving 
school-houses ; of procuring furniture, fuel, libraries and appara- 
tus ; and for all other necessary incidental expenses, the directors of 
each district shall be authorized to levy a tax annually upon all 
the taxable property of the district. They may also appropriate 
to the purchase of libraries and apparatus, any surplus funds, 
after [all] necessary school expenses are paid. 

§ 44. The directors of each district shall ascertain, as nearly 
as practicable, annually, how much money must be raised by special 
tax for school purposes during the ensuing year. They shall then 
find what rate per cent, this amount will require to be levied upon 
the taxable property, real and personal, of the district, which rate, 
with a list of the resident tax-payers, alphabetically arranged, 
shall be certified and returned to the township treasurer, on or be- 
fore the first Monday of September, annually. The certificate of 
the directors may be in the following form, viz : 

We hereby certify that we require the rate of to be levied as a special 

tax for school purposes, on the taxable property of our district, for the year 18 — . 

Given under our hands this day of . 18 — . 

^ A. B., 1 Directors district No. — , township 

C. D., > No. — , range No. — , county 
E. F., ) of—, and State of IlUnois. 

It shall be the duty of the township treasurer to return said 
certificate and lists of tax-payers to the clerk of the county court 
on or before the second Monday of September ; and whenever the 
boundaries of the districts of the township shall have been changed, 
the township treasurer shall return to the clerk of the county 
court, with the certificates and lists aforesaid, a map of the town- 
ship, showing such changes, and certified as required in the thirty- 
third (33d) section of the act. When a district lies in two or 
more counties, the directors shall determine and certify the rates 
to be levied on the taxable property lying in each county, and re- 
turn the same, with separate lists of resident tax-payers, to the 
township treasurer, who shall return them to the respective county 
clerks, as hereinbefore provided. 

§ 45. According to the rate or rates certified as aforesaid, the 
said county clerk, when making out the tax books for the collec- 



SCHOOL LAWS OF ILLINOIS. 17 

tor, should compute each taxable person's tax in said district, 
taking as a basis the total amount of taxable property returned by 
the county assessor for that year, lying and being in said district, 
whether belonging to residents or non-residents, and also each and 
every tract of land assessed by the assessor, which lies, or the 
largest part of which lies in said district. The said county clerk 
shall cause each person's tax so computed to be set upon the tax 
book to be delivered to the collector for that year, in a separate 
column, against each tax-payer's name, or parcel of taxable prop- 
erty, as it appears in said collector's book, to be collected in the 
same manner, and at the same time, and by the same persons, as 
state and county taxes are collected : Provided^ the assessments 
so made in the years intervening between the regular biennial 
assessments of real estate, as provided in the revenue acts, shall 
be based upon the tax-payer's real estate as assessed at the regular 
biennial assessment. The computations of each person's tax, and 
the levy made by the clerk as aforesaid, shall be final and con- 
clusive : Provided, further, the rate shall be uniform and not 
exceed the rate certified by the board of directors ; and the said 
county clerk, before delivering the tax book to the collector, shall 
make out and deliver, on demand, to each township treasurer of 
the respective townships in the county, a certificate of the amount 
due each district in his township of said tax so levied and placed 
upon the tax books ; and on or before the first day of April next 
after the delivery of the tax books containing the computation 
and levy of said taxes aforesaid, or as soon thereafter as the town- 
ship treasurer shall present the said certificate of the amount of 
said tax, and make a demand therefor, the said collector shall pay 
to said township treasurer the full amount of said tax so certified 
by the county clerk, retaining from said amount only two per 
centum as his fees for collection, taking of the township treasurer 
his receipt therefor, which receipt shall be evidence, as well in 
favor of the collector as against the township treasurer ; and said 
treasurer shall enter the same in his books, under the proper 
heads, and pay the same out as provided for by this act. A¥hen 
a district is composed of parts of two or more townships, the 
directors shall determine and inform the collector in writing, un- 
der their hands as directors, which of the treasurers of the town- 
ships from which their district is formed shall demand and receive 
the tax money collected by the county collector as aforesaid. 

§ 46. If any collector shall fail to pay the amount of said tax, 
or any part thereof, as required in the aforesaid section, it shall be 
competent for the township treasurer, or other authorized persons, 
to proceed against such collector and his securities in an action of 
debt in the county court ; which court is hereby vested with full 
power and authority to hear and determine all such suits, render 
judgments and issue execution ; or said suit may be brought in any 
2 



18 SCHOOL LAWS OF ILLINOIS. 

other court having jurisdiction ; and the said collector, so in default, 
shall pay twelve per centum upon the amount due, to be assessed 
as damages, which shall be included in the judgment rendered 
against him : Provided^ no collector shall be liable for such part 
of said tax as he shall be able to make appear he could not have 
collected by law, until he may be able to so collect such amount. 

§ 47. For the purpose of building school-houses, or purchas- 
ing school sites, or for repairing and improving the same, the 
directors, by a vote of the people, may borrow money, issuing 
bonds, executed by the officers, or at least two members of the 
board, in sums of not less than one hundred dollars ; but the rate 
of interest shall not exceed ten per cent.; nor shall the sum bor- 
rowed in any one year exceed five per cent, of the' taxable prop- 
erty of the district ; nor shall the tax levied in any one year, 
for building school-houses, exceed three per cent, [of said taxable 
property] . 

§ 48. The directors of each district are hereby declared a 
body politic and corporate, by the name of " school directors of 

district No. , township No. , county of , and state 

of Illinois," and by that name may sue and be sued in all courts 
and places whatever. Two directors shall be a quorum for busi- 
ness. The directors shall be liable, as directors, for the balance 
due teachers, and for all debts legally contracted. They shall 
establish and keep in operation, for at least six months in each 
year, and longer, if practicable, a sufficient number of free schools 
for the proper accommodation of all the children in the district 
over the age of six and under twenty-one years. They may 
adopt and enforce all necessary rules and regulations for the man- 
agement and government of the schools, and shall visit and inspect 
the same as often as practicable. They shall appoint all teachers, 
fix the amount of their salaries, and may dismiss them for incom- 
petency, cruelty, negligence or immorality. They may direct 
what branches of study may be taught, and what text-books shall 
be used in their respective schools, and may suspend or expel pu- 
pils for disobedient, refractory or incorrigibly bad conduct. It 
shall not be lawful for a board of directors to purchase or locate a 
school-house site, or to purchase, build or move a school-house, or 
to levy a tax to extend schools beyond six months, without a vote 
of the people, at an election called and conducted as required in 
the forty-second section of the act. A majority of the votes cast 
shall be necessary to authorize the directors to act : Provided, 
that if no one locality shall receive a majority of all the votes cast 
at such election, the directors may, if in their judgment the pub- 
lic interest requires it, proceed to select a suitable school-house 
site, and the site so chosen by them shall, in such case, be legal 
and valid, the same as if it had been determined by a majority of 
the votes cast. 



SCHOOL LAWS OF ILLINOIS. 19 



OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES OR 
SCHOOL DIRECTORS. 

§ 49. If judgment shall be obtained against any township 
board of trustees or school directors, the party entitled to the 
benefit of such judgment may have execution therefor, as follows, 
to wit : It shall be lawful for the court in which such judgment 
shall be obtained, or to which such judgment shall be removed, 
by transcript or appeal from a justice of the peace, or other court, 
to issue thence a writ, commanding the directors, trustees and 
treasurer of such township to cause the amount thereof, with inter- 
est and costs, to be paid to the party entitled to the benefit of 
said judgment, out of any moneys, unappropriated, of said town- 
ships ; or if there be no such moneys, out of the first moneys ap- 
plicable to the payment of the kind of services or indebtedness for 
which such judgment shall be obtained, which shall be received 
for the use of such township ; and to enforce obedience to such 
writ by an attachment, or by 'mandamus, requiring such board to 
levy a tax for the payment of said judgment ; and all legal process 
as well as writs to enforce payment of a judgment, shall be served 
either on the president or clerk of the board. 

EXAMINATION AND QUALIFICATIONS OF TEACHERS. 

§ 50. No teacher shall be authorized to teach a common school 
under the provisions of this act who is not of good moral charac- 
ter, and qualified to teach orthography, reading in English, pen- 
manship, arithmetic, English grammar, modern geography and the 
history of the United States. It shall be the duty of the county 
superintendent to grant certificates to such teachers as may, upon 
due examination by himself or a board of examiners by him ap- 
pointed, be found to possess the necessary qualifications. Said 
certificates shall be of two grades ; those of the first grade shall 
be valid for two years ; those of the second grade for one year. 
The county superintendent may, at its option, renew said certifi- 
cates, at their expiration, by his endorsement thereon, and may re- 
Toke the same at any time, for immorality, incompetency, or other 
just cause. Said certificate may be in the following form, viz : 

, Illinois, , 18—. 

County. 

The undersigned having examined in orthography, reading in English,^ 

penmansliip, arithmetic, English grammar, modern geography and the history of the 

United States, and being satisfied that is of good moral cliaracter, hereby 

certifies that qualifications in the above branches are such as to entitle 

to this certificate, being of the grade, and valid in said county for year 

from the date hereof, renewable at the option of the county superintendent by his- 
endorsement thereon. Given under my hand, at the date aforesaid. 

A. B., County Superintendent of Schools. 



Each county superintendent shall also keep a record, in a book 
provided for that purpose, of all teachers to whom he grants cer- 



20 



SCHOOL LAWS OF ILLINOIS. 



tificates. Said record shall show the date and grade of each cer- 
tificate granted, and the name, age and nativity of each teacher, 
and shall give the names, etc., of male and female teachers sepa- 
rately. Said record may be as follows, viz : 



NAME. 


AGE. 


NAIIVITT. 


DATE. 


GRADE. 


EEMAEKS. 


Charles Thompson. 


25 


Ilhnois. 


March 1st, 1864. 


1 


Has taught 5 years. 



A copy or transcript of said record shall be transmitted by the 
county superintendent, with his regular report, to the state super- 
intendent. 

The state superintendent of public instruction is hereby author- 
ized to grant state certificates to such teachers as may be found 
worthy to receive them, which shall be of perpetual validity in 
every county and school district in the state. But state certifi- 
cates shall only be granted upon public competitive examination, 
of which due notice shall be given, in such branches and upon 
such terms and by such examiners as the state superintendent and 
the principal of the Normal University may prescribe. The fee 
for a state certificate shall be five dollars. Said certificates may 
be revoked by the state superintendent upon proof of immoral or 
unprofessional conduct. Every school established under the provis- 
ions of this act shall be for the purpose of instruction in the 
various branches of an English education, and no school funds 
shall be appropriated under this act for any other class or descrip- 
tion of schools : Provided^ that nothing herein contained shall pre- 
vent the teaching, in common schools, of other and higher branches 
than those enumerated in this section. 

§ 51. It shall be the duty of county superintendents to hold 
meetings, at least quarterly, and oftener if necessary, for the ex- 
amination of teachers, on such days and at such places in their 
respective counties as will, in their opinion, accommodate the 
greatest number of persons desiring such examination. Notice of 
such meetings shall be published a sufficient length of time in at 
least one newspaper of general circulation ; the expense of such 
publication to be paid out of the school fund. County superintend- 
ents shall, in no case, exact or receive any fee for certificates. 



TEACHEES — THEIE DUTIES. 

§ 52. No teacher shall be entitled to any portion of the com- 
mon school or township fund, or other public fund, or be employed 
to teach any school under the control of any board of directors of 
any school district in this state, who shall not, before his employ- 
ment, exhibit to said board, or to a committee of said board, a 



SCHOOL LAWS OF ILLINOIS. 



21 



certificate of qualification obtained under the provisions of this 
act ; nor shall any teacher be paid any portion of the school or 
public fund aforesaid, unless he shall have kept and furnished 
schedules as herein directed. 

§ 53. Teachers shall make schedules of the names of all 
scholars under twenty-one years of age, attending their schools, 
in the form prescribed by this act ; and when scholars reside in 
two or more districts, townships or counties, separate schedules 
shall be kept for each district, township or county, and the absence 
or presence of every scholar shall be set down under the proper 
date, and opposite the name on every day that school is open, and 
the absence of a scholar shall be signified by a blank — the pres- 
ence by a mark. The schedule to be made and returned by the 
teacher shall be, as near as circumstances will permit, in the fol- 
lowing form, viz : 

SCHEDULE of a common school kept iy A. B., at , in district number , in 

township number , range number , oj" the principal meridian, in the county 

of , in the State of Illinois. 



Names and ages of scholars 
attending my school, and 
residing in district num- 
ber — , in township — 
north, range — west, in 
— county. 


T-H 

c 

C 

i-O 

CO 


CD 
OJ 


0) 
C 


00 

1—1 

m 

B' 


1— ( 


O 




c 

T3 




CD 

CS 

1^ 


o 


o 


1— 1 

CO 

-a 

<v 

a 

r3 

0) 


I— 1 

1 




U3 

CS 

C 

i 


CO 


1 


CX) 




1 

1 

d 

o 
H 


Name. 


Age 


John Smith, 

Isaac Mesher, 

Sarali Danforth, 

Mary Newman, 


10 
13 
16 
19 


1 
1 


1 

1 
1 


1 
1 
1 

1 


1 

r 


1 

1 
1 


1 
1 


1 
1 

1 
1 


1 

1 
1 

1 


1 
1 
1 
1 


1 
1 1 
1 1 
1 1 


1 
1 


1 

1 
1 


1 
1 
1 


1 

1 
1 


1 

1 
1 


1 

1 
1 
1 


1 

1 
1 


1 

1 
1 


1 

1 

1 


15 
11 
20» 
19 



M Grand total number of days, 


- 


- 


- 64 




Males. 


Females. 


Total. 


Number of scholars, 


2 


2 


4 



Average daily attendance, 



8.2 



And the teacher shall add up and set down the Avhole number 
of days' attendance of each scholar, and add up said whole num- 
bers, and make out the grand total number of days' attendance. 
He shall also note the whole number of scholars, giving the males 
and females separately ; the average daily attendance ; and shall 
set the age of each pupil opposite the name of said pupil, as in 



/ 



22 SCHOOL LAWS OF ILLINOIS. 

tlie form above prescribed, and sball attach thereto his certificate, 
which shall be in the following form, viz : 

I certify that the foregoing schedule of scholars attending my school, as therein 
named, and residing as specified in said schedule, to the best of my knowledge and 
belief is correct; and that it was a school for the purpose of teaching various 
branches of an English education. 

A. B., teacher. 

When the teacher shall have completed his or her schedule or 
schedules, as above required, he or she shall deliver it to some one 
of the directors, and it shall be the duty of said director, in con- 
nection with one other director of the board, to carefully examine 
such schedule or schedules, and, after correcting all errors, and 
if they shall find such schedule to have been kept according to 
law, they shall certify to the same, as near as practicable, in the 
following form, viz : 

STATE OF ILLINOIS, \ ^^ 
County. j 

We, the undersigned, directors of , in township number , range 

number , in the county aforesaid, certify that we have examined the foregoing 

schedule, and find the same to be correct, and that the school was conducted accorcl- 
ing to law. That there is now due said C. D., teacher, as per contract, the sum 

of dollars and cents, and that the said teacher has a legal certificate of 

good moral character, and of quaUfication to teach a common school (or of such 
grade as the case may be.) 

Witness our hands, tliis day of , A. d., 185 — . 

p ■ -p."' [ Directors. 

Which schedule or schedules, certified as aforesaid by at least 
two directors, shall be filed by said directors with the township 
treasurer ; and until such schedule and report, as aforesaid, shall 
have been filed as aforesaid, it shall not be lawful for said treasurer 
to pay said teacher, or any two members thereof to draw an order 
in favor of said teacher. 

§ 54, School directors shall certify no schedule that reaches 
back to a time more than six months from the time fixed by law 
for the regular return of schedules to the township treasurer. 
Schedules made and certified, as aforesaid, shall, at least two days 
before the first Monday in April and October, be delivered by the 
directors to the township treasurer. The director, or directors, to 
whom the schedule is delivered by the teacher, shall receipt for 
the same ; which receipt shall be evidence in favor of the teacher, 
and against the director or directors ; and the directors shall be 
personally liable for any loss sustained by the teacher through 
their failure to deliver the schedule to the township treasurer 
within the time fixed by law. Teachers' schedules are hereby 
declared payable on the first Mondays in April and October of 
each year; and for any portion of the amount certified in said 
schedules, by the directors, to be due, and remaining unpaid, after 



SCHOOL LAWS OF ILLINOIS. 23 

said first Mondays in April and October, respectively, teachers 
shall be entitled to interest, at the rate of" ten (lU) per cent, per 
annum, until paid ; and it is hereby made the duty of all .school 
directors, trustees and township treasurers, to allow and pay said 
rate of interest upon all unpaid balances due teachers, as afore- 
said, and said balances shall be paid out of the first moneys 
coming into the hands of the township treasui*er, to the credit of 
the proper district, and not otherwise previously and specifically 
appropriated. 

TOWNSHIP TREASURER — HIS DUTIES. 

§ 55. The township treasurer, appointed by the board of trus- 
tees, shall, before entering upon his duties, execute a bond, with 
two or more freeholders, who shall not be members of the board, 
as securities, payable to the board of the township for which he 
is appointed treasurer, with a sufficient penalty to cover all liabili- 
ties which may be incurred, conditioned faithfully to perform all 

the duties of township treasurer, in township , range 

-i , in county, according to law. The security shall 

be approved by at least a majority of the board, and shall be de- 
livered by one of the trustees to the county superintendent of the 
proper county. And in all cases where such treasurer aforesaid 
is to have the custody of all bonds, mortgages, moneys and effects 
denominated principal, and belonging to the township for which 
he is appointed treasurer, the penalty of said treasurer's bond 
shall be twice the amount of said bonds, notes, mortgages, moneys 
and effects. And every township treasurer appointed subsequent 
to the first, as herein provided, shall execute bond, with security, 
as is required by the first treasurer. The bond required in this 
section shall be in the following form, viz : 

STATE OF ILLINOIS, 1 
County. J ' 

Know all men by these presents, that we, A. B., C. D., and E. F., are held and 

firmly bound, jointly and severally, unto the board of , in said county in the 

penal sum of dollars, for the payment of which we bind ourselves, our heirs, 

executors and administrators, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this day of 

, A. D., 18—. 

The condition of the above obligation is such, that if the above bounden A. B., 

township treasurer of township , range , in the county aforesaid, shall 

faithfully discharge all the duties of said office according to the laws which now 
are, or may hereafter be in force, and shall deliver to his successor in office all 
moneys, books, papers, securities and property in his hands as such township treas- 
urer, then this obligation to be void ; otherwise to remain in full force. 

A. B., [seal. 

C. D., SEAL. 

E. F., [seal. 
Approved and accepted by 

G. H., 1 

I. J., > Trustees. 

K L., ) 



24 



SCHOOL LAWS OF ILLINOIS. 



§ 56. Every township treasurer shall provide himself with 
two well bound books, the one to be called a cash book, the other 
a loan bopk. He shall charge himself in the cash book with all 
moneys received, stating the charge, when, from whom and on 
what account received ; and credit himself with all moneys paid 
or loaned, the amount loaned, the date of the loan, the rate of 
interest, the time when payable, the name of the securities, or, if 
real estate be taken, a description of the same. He shall also enter, 
in separate accounts, moneys received and moneys paid out, charg- 
ing the first to debit account, and crediting the latter as follows, 
to wit : First, the principal of the township fund, when paid in 
and vrhen paid out. Second, the interest of the township fund, 
when received and when paid out. Third, the common school 
fund, and other funds, when received from the county superin- 
tendent and when paid out. Fourth, the taxes received from the 
county collector, distinguishing between that for general school 
purposes and that levied for the purpose of prolonging schools. 
Fifth, donations received. Sixth, moneys coming from all other 
sources ; and in all cases entering the date when received and 
when paid out ; and he shall also arrange and keep his books and 
accounts in such other manner as may be directed by the state or 
county superintendent, or the board of trustees. He shall also 
provide a book, to be called a journal, in which he shall record, 
fully and at length, the acts and proceedings of the board, their 
orders, by-laws and resolutions ; which book shall be at all times 
subject to the inspection of said board, or other person authorized 
by this act, or of any committee appointed by the inhabitants of 
the township to examine the same. And he shall also provide a 
book, to be called a record, in which he shall enter a brief de- 
scription of all notes or bonds belonging to the township, and 
upon the opposite page he shall note down when paid, or any 
remarks to show where or in what condition it is, as in the follow- 
ing form, viz : 



makers' 

NAME. 


DATE OP NOTE. 


WHEN DUE. 


AMOUNT. 


KEMARKS. 


A.B.C.D. 
E.F. 


January 1st, 

185—. 


January 1st, 
185—. 


$90 00. 


January 6, 185 — , handed 
to I. J., for collection, (or 
January 6, 185 — , paid.) 



§ 5T. Township treasurers shall loan, upon the following con- 
ditions, all moneys which shall come to their hands by virtue of 
their office, except such as may be subject to distribution. The 
rate of interest shall not be less than six per cent., nor more than 
ten per cent, per annum, payable half-yearly in advance ; the 



SCHOOL LAWS OF ILLINOIS. 25 

rate of interest to be determined by a majority of the township 
trustees, at any regular or special meeting of their board. No 
loans shall be made for less than six months, or more than five 
years. For all sums not exceeding one hundred dollars, loaned 
foi* not more than one year, two responsible securities shall be 
given ; for all sums over one hundred dollars, and for all loans 
for more than one year, security shall be given by mortgage on 
real estate, unincumbered, in value double the amount loaned, 
with a condition, that in case additional security shall, at any time, 
be required, the same shall be given to the satisfaction of the board 
of trustees for the time being : Provided, that nothing herein shall 
prevent the loaning of township funds to boards of school direct- 
ors, taking bonds therefor, as provided in section forty-seven of 
the act : And, provided further, that all loans of school money, 
made by township treasurers and school officers, during the past 
two years, in accordance with the instructions of the state super- 
intendent, are hereby declared lawful, as if made under the pro- 
visions of this section, as amended. Notes, bonds, mortgages and 
other securities taken for money or other property, due or to be- 
come due to the board of trustees for the township, shall be j^ayable 
to the said board by their corporate name ; and in such name, suits, 
actions and complaints, and every description of legal proceedings, 
may be had for the recovery of money, the breach of contracts, 
and for every legal liability which may at any time arise or exist, 
or upon which a right of action shall accrue to the use of this cor- 
poration : Provided, however, that notes, bonds, mortgages and 
other securities in which the name of the county superintendent, 
or of the trustees of schools, are inserted, shall be valid to all in- 
tents and purposes, and suit shall be brought in the name of the 
boai'd of trustees as aforesaid. The wife of the mortgager (if he 
has one) shall join in the mortgage given to secure the payment of 
money loaned by virtue of the provisions of this act. 

§ 68. Mortgages to secure the payment of money loaned under 
the provisions of this act may be in the following form, viz : 

I, A. B., of the county of , and state of , do hereby grant, convey 

and transfer to the board of trustees of township , range , in the county 

of , and state of Elinois, for the use of the inhabitants of said township, the 

following described real estate, to wit : (Here insert premises.) Which real estate 

I declare to be in mortgage for the payment of dollars loaned to me, and for 

the payment of all interest that may accrue thereon, to be computed at the rate of 

per cent, per annum until paid. And I do hereby covenant to pay the said 

sum of money in years from the date hereof, and to pay interest on the same 

at the rate aforesaid, half-yearly in advance. I further covenant that I have a good 
and valid title to said estate, and that the same is free from all incumbrance ; and 
that I will pay all taxes and assessments which may be levied on said estate ; and 
that I will give any additional security that may at any time be required by said 
board of trustees ; and if said estate be sold to pay said debt, or any part thereof, or 
for any failure or refusal to comply with or perform the conditions or covenants 
herein contained, I will deliver immediate possession of the premises ; and in con- 
sideration of the premises, C, wife of said A. B., doth hereby release to the said 



26 SCHOOL LAWS OF ILLINOIS. 

board all her right and title of dower in the aforegranted premises, for the purposes 
aforesaid. 

In testimony whereof, we have hereunto set our hands and seals this day 

of , 18—. 

A. B., [seal.] 

C. D., [SEAL.] 

Which mortgage shall be acknowledged and recorded, as Is re- 
quired by law for other conveyances of real estate, the mortgager 
paying the expenses of acknowledgment and recording, and fifty 
cents as a fee to the township treasurer. 

§ 59. Upon the breach of any condition or stipulation con- 
tained in said mortgage, an action may be maintained and damages 
recovered as upon other covenants ; but mortgages made in any 
other form to secure payment as aforesaid shall be valid as if no 
form had been prescribed. In estimating the value of real estate 
mortgaged to secure the payment of money loaned under the pro- 
visions of this law, the value of improvements liable to be de- 
stroyed, shall not be included. 

§ 60. In all cases where the board of trustees shall require 
additional security for the [payment of money loaned, and such 
security shall not be given, the township treasurer shall cause suit 
to be instituted for the recovery of the same, and all interest thereon, 
to the date of judgment : Provided^ that proof be made of the 
said requisition. In the payment of debts by executors and ad- 
ministrators, those due the common school or township fund shall 
have a preference over all other debts, except funeral and other 
expenses attending the last sickness, not including the physician's 
bill. And it shall be the duty of the township treasurer to attend 
at the office of the probate justice upon the proper day, as other 
creditors, and have any debts as aforesaid, probated and classed, 
to be paid as aforesaid. 

§ 61. If default be made upon the payment of interest due 
upon money loaned by any county superintendent or township 
treasurer, or in the payment of the principal, interest at the rate of 
twelve per cent, per annum shall be charged upon the principal and 
interest from the day of default, which shall be included in the 
assessment of damages, or in the judgment in suit or action brought 
upon the obligation to enforce payment thereof; and interest as 
aforesaid may be recovered in action brought to recover interest 
only. And the said township treasurers are hereby empowered to 
bring appropriate actions, in the name of the board of trustees, for 
the recovery of the half-yearly interest, when due and unpaid, 
without suing for the principal, in whatever form secured, and jus- 
tices of the peace shall have jurisdiction in such cases of all sums 
under one hundred dollars. 

§ 62. All suits brought, or actions instituted under the pro- 
visions of this act, may be brought in the name of the " board of 



SCHOOL LAWS OF ILLINOIS. 27 

trustees of township , range ," except as is provided for 

action qui tarn in this act, or in favor of county superintendents. 
The township treasurer shall demand, receive and safely keep ac- 
cording to law, all moneys, books and papers of every description 
belonging to his township. He shall keep the township fund loaned 
at interest; and if on the first Monday of October in any year 
there shall be any interest or other funds on hand which shall not 
be required for distribution, such amount not required, as aforesaid, 
may, if the board of trustees see proper, forever be considered as 
principal in the funds to which it belongs, and loaned as such. 

§ 63. On the first Mondays of April and October, of every 
year, the township treasurer shall lay before the board of trustees 
a statement showing the amount of interest, rents, issues and prof- 
its that have accrued or become due since their last regular half- 
yearly meeting on the township lands and township funds, and also 
the amount of state and county fund interest on hand. He shall 
also lay before the said trustees all books, notes, bonds, mortgages, 
and all other evidence of indebtedness belonging to the township, 
for the examination of the trustees, and shall make such other 
statement as the board may require touching the duties of his office. 
The township treasurer shall also, on the first Mondays of April 
and October of each year, make a full settlement with the respect- 
ive boards of directors in his township, and shall deliver to the 
clerk of each of said boards, on demand, a statement, or exhibit, 
showing the exact condition of the account of each district, and 
the amount of funds of every description in his hands to the credit 
of, and belonging to, each district respectively, and subject to the 
order of the directors thereof. 

§ 64. For any failure or refusal to pei'form all the duties re- 
quired of township treasurer by law, he shall be liable to the 
board of trustees upon his bond, to be recovered by action of debt 
by said board, in their corporate name, for the use of the proper 
township, before any court having jurisdiction of the amovnit of 
damages claimed ; but if said treasurer, in any such failure or re- 
fiisal, acted under and in conformity to a requisition or order of 
said board, or a majority of them, entered upon their journal and 
subscribed by their president and clerk, then and in that case the 
members of the said board aforesaid, or those of them voting for 
said requisition or order aforesaid, and not the treasurer, shall be 
liable, jointly and severally, to the inhabitants of the township, to 
be recovered by action of assumpsit in the oflScial name of the 
county superintendent of schools, for the use of the proper town- 
ship. 

§ 65. When a township treasurer shall resign, or be removed, 
and at the expiration of his term of office, he shall pay over to his 
successor in office all money on hand, and deliver over all books, 
notes, bonds, mortgages, and aU other securities for money, 



28 SCHOOL LAWS OF ILLINOIS. 

and all papers and documents of every description, in wliich 
the corporation may have any interest whatever ; and in case of 
the death of the township treasurer, his securities and legal 
representatives shall be bound to comply with the requisitions 
of this section. And for any failure to comply with the re- 
quisitions of this section, he shall be liable to a penalty of not 
less than ten nor more than one hundred dollars, at the dis- 
cretion of the court before which judgment may be obtained; 
and the obtaining or payment of said judgment shall in no 
wise discharge or diminish the obligation of his official bond. 

TOWNSHIP AND COUNTY SCHOOL FUNDS. 

§ 66. All bonds, notes, mortgages, moneys and effects, 
which have heretofore accrued, or may hereafter accrue, from 
the sale of the sixteenth section of the common school lands 
of any township or county, or from the sale of any real estate, 
or other property, taken on any judgment, or for any debt due 
to the principal of any township or county fund ; and all 
other funds of every description, which have been or may 
hereafter be carried to and made part of the principal of any 
township or county fund, by any law which has heretofore 
been, is now, or may hereafter be enacted, are hereby declared 
to be, and shall forever constitute the principal of the town- 
ship or county fund, respectively, and no part thereof shall 
ever be distributed or expended for any purpose whatever, but 
shall be loaned out, and held to use, rent or profit, as provided 
by law. But the interest, rents, issues and profits, arising and 
accruing from the principal of said township or county fund, 
shall be distributed in the manner and at the times as pro- 
vided in this act and the act of which this is amendatory ; nor 
shall any part of such interest, rents, issues and profits, be 
carried to the principal of the respective funds. 

§ 67. School funds collected from special taxes, levied by 
order of school directors, or from the sale of property belong- 
ing to any district, shall be paid out on the order of the proper 
board of directors; and all other moneys and school funds, 
liable to distribution, paid into the township treasury, or com- 
ing into the hands of the township treasurer, shall, after said 
funds have been apportioned by the township trustees, as re- 
quired in section thirty-four of the act of which this act is 
amendatory, be paid out only on the order of the proper board 
of directors, signed by the president and clerk of said board, 
or by a majority thereof. For all payments made, receipts 
shall be taken and filed. In all such orders shall be stated the 
purpose for which, or on what account drawn. Said orders 
may be in the following form, viz : 



SCHOOL LAWS OF ILLINOIS. 29 

The treasurer of township No. , range No. , in county, will pay- 
to , or bearer, dollars and cents, (on his contract for repair- 
ing school-house, or whatever the purpose may be.) 

By order of the board of directors of district No. , in said township. 

A. B., President. 

C. D., Clerk. 

Which order, together with the receipt of the person to 
whom paid, shall be filed in the office of the township treasurer. 

COMMON SCHOOL FUNDS. 

§ 68. The common school fund of this state shall consist of 
such sums as will be produced by the annual levy and assess- 
ment of two mills upon each dollar's valuation of all the 
taxable property in the state; and there is hereby levied and 
assessed, annually, in addition to the revenue for state purpo- 
ses, the said two mills upon each dollar's valuation of all 
taxable property in the state, to be collected and paid, and the 
amount due from the state, according to a statement and set- 
tlement of the account between the state and that fund under 
the provisions of an act entitled "An act to provide for the 
distribution and application of the interest on the school, 
college and seminary fund," approved on the seventh of 
February, one thousand eight hundred and thirty-five, and of 
all funds which have been or may be received by the state from 
the United States, for the use and support of common schools; 
and also of the money added to the common school fund, which 
was received from the United States under an act of Congress 
providing for the distribution of the surplus revenue of the 
United States, and which was invested in bank stock by au- 
thority of the state, and of the amount added to the school fund 
under an act requiring the three per cent, fund to be invested 
in state bonds: Provided, that in cases where heretofore the 
state taxes have not been collected in any county, such county 
shall not be entitled to a distribution of the college, seminary 
and school fund, for the period of time that no such taxes 
have been collected, and that the portion of the fund aforesaid 
shall in such cases be distributed without regard to such 
county. 

§ 69. The state shall pay an interest of six per cent, per 
annum upon the amount of the aforesaid common school funds, 
except on so much thereof as may be realized from the levy of 
the tax directed to be levied under the provisions of this act, 
which shall be paid annually, and applied to the support of 
the common schools, as herein provided. The state shall also 
pay, as aforesaid, and at the same time, an interest of six per 
centum per annum upon the amount due the college and 
seminary fund ; which interest shall be loaned to the common 



30 SCHOOL LAWS OF ILLINOIS. 

school fund, and known in this law and applied in all cases as 
interest on the common school fund as aforesaid. 

§ 70. On the first Monday in January, in each and every 
year next after taking the census of the state, the auditor of 
public accounts shall, under the supervision of the commis- 
sioner of the school fund of the state, ascertain the number of 
white children in each county in the state under twenty years 
of age, and shall thereupon make a dividend to each county of 
two-thirds the sum from the tax levied and collected under 
the provisions of the sixty-eighth section of this act ; and the 
interest due on the school, college and seminary fund, in pro- 
portion to the number of white children in each county under 
the age aforesaid, and of the remaining one-third, in propor- 
tion to the number of townships and parts of townships in 
each county, and issue his warrant to the superintendent of 
schools of each county upon the collector thereof. And upon 
presentation of said warrant by the county superintendent to 
the collector of his county, said collector or treasurer shall 
pay over to the county superintendent the amount of said 
warrant out of the first specie funds which may be collected 
by him, and not otherwise appropriated by law, taking said 
superintendent's receipt therefor; and on settlement with the 
auditor said collector shall be credited with the amount speci- 
fied in said receipt, in the same manner as if it had been paid 
into the treasury. Dividends shall be made as aforesaid, 
according to the proportions ascertained to be due to each, 
county annually thereafter, until another census shall have 
been taken, and then dividends shall be made and continued 
as aforesaid, according to the last census : Provided^ that if 
any collector shall fail or refuse to pay, in gold or silver, the 
amount of the aforesaid warrant, or any part thereof, by the 
first day of March annually, or so soon thereafter as it may be 
presented, it shall be competent for the county superintendent 
to proceed against said collector and his securities, in an action 
of debt, in the county court ; which court is hereby vested 
with full power and authority to hear and determine all such 
suits, render judgment, and issue execution ; or said suit 
may be brought in any court having jurisdiction; and the 
said collector shall pay twelve per centum, to be assessed as 
damages, upon the amount due, and which shall be included 
in the judgment obtained against him. 

COMPENSATION OF OFFICERS. 

§ 71. Collectors of the two mill tax, authorized under 
section sixty-eight (68) of the act of which this act is amenda- 
tory, shall be entitled to only two per cent on the amount col- 



SCHOOL LAWS OF ILLINOIS. 31 

lected by tliem. County superintendents shall be allowed to 
retain, out of the township funds of the township for which 
the services maybe rendered, three per cent, upon the amount 
of sales of school lands, and upon the real estate taken for 
debt, for their services in making such sales, including such 
other services, connected therewith, as are required by the 
provisions of this act and the act of which this act is amenda- 
tory ; and two per cent, they may retain upon the amount 
of all sums distributed, paid or loaned out by them for the 
support of schools. And for their services as county superin- 
tendents of schools, including the duties enjoined by the 
sixth [twentieth] section of this act, they shall be entitled to 
receive three dollars per day for any number of days not ex- 
ceeding two hundred in any one year; which account shall be 
certiiied and sworn to by the county superintendent, and shall 
be paid semi-annually, from the county treasury. County 
courts and boards of supervisors are also authorized to make 
additional appropriations to county superintendents for their 
services if deemed proper, and also for the maintenance and 
encouragement of county teachers' institutes, for the improve- 
ment and benefit of the teachers of common schools in their 
respective counties. 

§ 72. Township treasurers shall be allowed to retain two 
per cent, upon all sums paid out or loaned by them, including 
moneys raised by virtue of any district tax. County treasur- 
ers shall not be entitled to any commissions upon school taxes 
collected and paid over to them by county or township collect- 
ors, any law of this state to the contrary notwithstanding. 
Boards of townshtp trustees shall, and it is hereby made their 
duty to make a reasonable allowance, annually, to said treas- 
urers, for their services performed as clerks of said boards, to 
be paid out of the township funds. County superintendents, 
trustees of schools, school directors, and all other school 
ofiicers, shall be exempted from working on the roads and 
military duty. 

LIABILITIES OF OFFICERS. 

§ 73. If any county superintendent, trustee of schools, 
township treasurer, director, or any person entrusted with the 
care, control, management or disposition of any school, college, 
seminary or township fund, for the use of any county, town- 
ship, district or school, shall convert any such funds, or any 
portion thereof to his own use, he shall be liable to indictment, 
and upon conviction shall be fined in not less than double the 
amount of money converted, and imprisoned in the county jail 
not less than one or more than twelve months, at the discre- 
tion of the court. 



32 SCHOOL LAWS OF ILLINOIS. 

§ 74. Trustees of schools shall be liable, jointly and sever- 
ally, for the sufficiency of securities taken from township 
treasurers; and in case of judgment against said treasurers 
and their securities, or on account of any default of any such 
treasurer, on which the money shall not be made for want of 
sufficient property whereon to levy execution, actions on the 
case may be maintained against said trustees jointly or sever- 
ally, and the amount not collected on said judgment shall be 
recovered with costs : Provided, that if said trustees can show, 
satisfactorily, that the security taken from the treasurer as 
aforesaid was, at the time of said taking, good and sufficient, 
they shall not be liable as aforesaid. 

§ 75. The real estate of county superintendents, of town- 
ship treasurers, and all other school officers, and of the securi- 
ties of each of them, shall be bound for the satisfaction and 
payment of all claims and demands against said superintend- 
ents and treasurers and other officers, as such, from the date 
of issuing process against them, in actions or suits brought to 
recover such claims or demands, until satisfaction thereof be 
obtained ; and no sale or alienation of real estate by any su- 
perintendent, treasurer or other officer, or security aforesaid, 
shall defeat the lien created by this section, but all and singular 
such real estate held, owned or claimed as aforesaid, shall be 
liable to be sold in satisfaction of any judgments which may 
be obtained in such actions or suits. 

§ 76. Trustees of schools, or either of them, failing or re- 
fusing to make returns of children in their township, accord- 
ing to the provisions of this act, or if either of them shall 
knowingly make a false return, the party %o offending shall 
be liable to a penalty of not less than ten dollars nor more 
than one hundred dollars, to be recovered by action of assump- 
sit, before any justice of the peace of the county; which 
penalty, when collected, shall be added to the township fund ; 
and if any county superintendent, director or trustee, or 
either of them, or other officer whose duty it is, shall negli- 
gently or willfully fail or refuse to make, furnish or communi- 
cate the statistics and information, or shall fail to discharge 
the duties enjoined upon them, or either of them, at the time 
and in the manner required by the provisions of this act, such 
delinquent or party offending shall be liable to a fine of twen- 
ty-five dollars, to be recovered before any justice of the peace, 
on information, in the name of the people of the state of 
Illinois, and when collected shall be paid to the county super- 
intendent of the proper county, for the use of schools. 

§ 77. County superintendents, trustees of schools, direc- 
tors and township treasurers, or either of them, and any other 
officer having charge of school funds or property, shall be re- 



SCHOOL LAWS OF ILLINOIS. 33 

sponsible for all losses sustained by any county, township 
or school fund, by reason of any failure on his or their 
part to perform the duties required of him or them by this 
act, or by any rule or regulation authorized to be made by 
this act; and each and every of the officers aforesaid shall 
be liable for any such loss sustained as aforesaid, and the 
amount thereof may be recovered in a civil action before 
any court having jurisdiction thereof, at the suit of the state 
of Illinois, for the use of the county, township or fund 
injured; and the amount when collected, shall be paid to 
the proper officer, for the benefit of said county, township 
or fund injured. 



COSTS, TENURE OF OFFICERS AND CONTRACTS UNDER FORMER LAWS. 

§ 78. No justice of the peace, probate justice, constable, 
clerk of any court, or sheriff, shall charge any costs in any 
suit where any agent of any school funds suing for the re-' 
covery of the same, or any interest due thereon, is plaintiff, 
and shall be, from any cause, unsuccessful in such suit. 
County superintendents appointed heretofore shall continue in 
office until superseded, according to the provisions of this act, 
and their duties, responsibilities and powers shall be governed 
by the provisions herein named. Trustees of school lands 
heretofore appointed, and trustees of schools heretofore elect- 
ed, shall also continue to discharge the duties of their office 
until trustees of schools are elected under the provisions of 
this act. Townships heretofore incorporated shall, without 
any further action or proceeding, be considered as incorporated 
"Under the provisions of this act; and the trustees and other 
officers shall continue to discharge their duties till suspended 
by appointment or election under this law; and all school di- 
rectors and officers heretofore appointed shall continue in 
office until superseded by the election, as provided in this act, 
and shall be governed by the provisions of the laws heretofore 
in force, unless otherwise directed by this act. Leases of 
school lands shall remain valid, and be executed according to 
the laws under which they were made. Common school 
lands, valued and offered for sale and remaining unsold, shall 
be sold upon terms prescribed by this act. All taxes levied 
and contracts made under the laws hereby repealed shall 
remain valid, and all rights, remedies, defenses and causes 
of action existing, or which may hereafter exist or arise, 
under or by virtue of said repealed laws, shall continue and 
remain valid, and shall be enforced, notwithstanding the 
repeal of said laws, unless canceled according to the provis- 
ions of this act. 
3 



34 SCHOOL LAWS OF ILLINOIS. 



OF CITIES AND INCORPORATED TOWNS. 

§ 79. This act shall not be so construed as to repeal or 
change, in any respect, any special acts in relation to schools 
in cities or incorporated towns, except that it shall be the duty 
of the several boards of education or other officers of any city 
or incorporated town, having in charge schools under the provi- 
sions of any of the said special acts, or of any ordinance of any 
city or incorporated town, on or before the second Monday of 
October preceding each regular session of the general assem- 
bly of this state, or annually, if required so to do by the state 
superintendent, to make out and render a statement of all such 
statistics and other information in regard to schools, and the 
enumeration of children or white persons, as are required to 
be communicated by township boards of trustees or directors 
under the provisions of this act, or so much thereof as may be 
applicable to said city or incorporated town, to the county 
superintendent of the county where such city or incorporated 
town is situated, or of the county in which the larger part of 
such city or town is situated ; nor shall it be lawful for the 
county superintendent or any other officer or person to pay 
over any portion of the common school fund to any local treas- 
urer, school agent, clerk, board of education or other officer 
or person of any township, city or incorporated town, unless 
a report of the number of children or white persons, and other 
statistics relative to schools, and a statement of such other in- 
formation as are required of the boards of trustees or directors, 
as aforesaid, and of other school officers and teachers under 
the provisions of this act, shall have been filed at the time or 
times aforesaid, specified in this section, with the school com- 
missioner of the proper county, as aforesaid. 

§ 80. In townships in which there shall be persons of 
color, the board of trustees shall allow such persons a portion 
of the school fund equal to the amount of taxes collected for 
school purposes from such persons of color in their respective 
townships. 

COMMON SCHOOL LANDS. 

§ 81. Section number sixteen in every township granted 
to the state by the United States for the use of, schools, and 
such sections and parts of sections as have been or may be 
granted as aforesaid, in lieu of all or part of section number 
sixteen, and also of the lands which have been or may be 
selected and granted as aforesaid, for the use of schools to the 
inhabitants of fractional townships in which there is no sec- 
tion number sixteen, or where such section shall not contain 
the proper proportion for the use of schools in such fractional 



SCHOOL LAWS OF ILLINOIS. 35 

townships, shall be held as common school lands; and the 
provisions of this act referring to common school lands, shall 
be deemed to apply to the lands aforesaid. 

§ 82. All the business of such townships, so far as relates 
to common school lands, shall be transacted in that county 
which contains all or a greater portion of said lands. If any 
person shall, without being duly authorized, cut, fell, box, 
bore, destroy or carry away any tree, sapling or log, standing 
or being upon any school lands, such person shall forfeit and 
pay for every tree, sapling or log so felled, boxed, bored, de- 
stroyed or carried away, the sum of eight dollars; which pen- 
alty shall be recovered, with costs of suit, by an action of 
debt or assumpsit, before any justice of the peace having 
jurisdiction of the amount claimed, or in the county or circuit 
court, either in the corporate name of the board of trustees 
of the township to which the land belongs, or by action 
of qui tarn, in the name of any person who will first sue 
for the same — one-half for the use of the person suing, the 
other half to the use of the towuship aforesaid. When two 
or more persons shall be concerned in the same trespass, they 
shall be jointly and severally liable for the penalty herein im- 
posed. Every trespasser upon common school lands shall be 
liable to indictment, and, upon conviction, fined in three times 
the amount of the injury occasioned by said trespass, and shall 
stand committed as in other cases of misdemeanor. All pen- 
alties and fines collected under the provisions of this section 
Bhall be paid to the township treasurer, and be added to the 
principal of the township fund. And all other fines, penalties 
and forfeitures imposed or incurred in any of the courts of 
record, or before any of the justices of the peace of this state, 
except fines, forfeitures and penalties incurred or imposed 
in incorporated towns or cities, for the violation of the by-laws 
or ordinances thereof, shall, when collected, be paid to the 
school superintendent of the county wherein such fines, for- 
feitures and penalties have been imposed or incurred, who shall 
give his receipt therefor ; and the same shall be distributed by 
said superintendent, annually, in the same manner as the com- 
mon school funds of the state are distributed ; and it shall be 
the duty of the state's attorneys of the several judicial cir- 
cuits, to enforce the collection of all'fines, forfeitures and peur 
alties imposed or incurred in the courts of record in their sev- 
eral circuits, and to pay the same over to the school superin- 
tendents of the counties wherein the same have been imposed 
or incurred, retaining therefrom the fees and commissions 
allowed them by law ; and it shall be the duty of the said jus- 
tices of the peace to enforce the collection of all fines imposed 
by them, by any lawful means ; and, when collected, the same 



36 SCHOOL LAWS OF ILLINOIS. 

shall be paid by the officer charged with the collection thereof, 
to the school superintendent of the county in which the same 
was imposed. Clerks of said courts of record, and justices of 
the peace, shall report, under oath, to the school superintend- 
ent of their respective counties, by the first of March, annually, 
the amount of such tines, penalties and forfeitures imposed or 
incurred in their respective courts, and the amount of such 
fines, forfeitures and penalties collected by them, giving each 
item separately, and the officer charged with the collection 
thereof; and said clerks and justices of the peace, for a failure 
to make such a report, shall be liable to a fine of twenty-five 
dollars for each ofl:ense, to be recovered in a civil action at the 
suit of the school superintendent of the proper county. For 
a failure to pay any such fines, forfeitures or penalties, on de- 
mand, to the person who is by law authorized to receive the 
same, the officer having collected the same or having the same 
in his possession, shall forfeit and pay double the amount of 
such fine, penalty or forfeiture as aforesaid, to be recovered 
before any court having jurisdiction thereof, in a qui lam 
action, one-half to be paid to the informer and one-half to. 
the school fund of the proper county. 

SALE OF COMMON SCHOOL LANDS. 

§ 83. When the inhabitants of any township, or fractional 
township, shall desire the sale of the common school land of 
the township, or fractional township, they shall present a pe- 
tition to the county superintendent of the county in which 
the school lands of the township, or the greater part thereof, 
lie, for the sale thereof; which petition shall be signed by at 
least two-thirds of the white male inhabitants of the township, 
or fractional township, of and over twenty-one years of age. 
The signing of the petition must be in the presence of two 
citizens of the township, after the true meaning thereof shall 
have been explained ; and when signed, an affidavit shall be 
affixed thereto by the two citizens, proving the signing in the 
manner aforesaid, and stating the number of white male in- 
habitants in the township, or fractional township, of and over 
twenty-one years of age ; and said petition, so proved, shall 
be delivered to the county superintendent for his action 
thereon : Provided, that no whole section shall be sold in any 
township containing less than two hundred inhabitants; and 
common school lands in fractional townships may be sold when 
the number of inhabitants and number of acres are in 
the ratio of two hundred to six hundred and forty, but not 
before. 

§ 84. When the petition and affidavits are delivered to the 



SCHOOL LAWS OF ILLINOIS. 37 

county superintendent as aforesaid, he shall notify the trustees 
of said township thereof, and said trustees shall immediately 
proceed to divide the land into tracts or lots of such form and 
quantity as will produce the largest amount of money ; and 
after making such division, a correct plat of the same shall be 
made, representing all divisions, with each lot numbered and 
defined, so that its boundaries may be forever ascertained. 
Said trustees shall then fix a value on each lot, having regard 
to the terms of sale, certify to the correctness of the plat, 
stating the value of each lot per acre, or per lot, if less than 
one acre, and referring to and describing the lot in the certifi- 
cate, so as fully and clearlj^ to distinguish and identify each 
lot ; which plats and certificate shall be delivered to the county 
superintendent, and shall govern him in advertising and sell- 
ing said lands. 

§ 85. In subdividing common school lands for sale, no lot 
shall contain more than eighty acres, and the division may be 
made into town or village lots, with roads, streets or alleys 
between them and through the same ; and all such divisions, 
with all similar divisions hereafter made, are hereby declared 
legal, and all such roads, streets and alleys, public highways. 

§ 86. The terms of selling common school lands shall be 
to the highest bidder, for cash, with the privilege to each pur- 
chaser of borrowing from the county superintendent the 
amount of his bid for any period not less than one or more 
than five years, upon his paying interest and giving security, 
as in case of money loaned by township treasurer, as provided 
in this act. 

§ 87. The place of selling common school lands shall be 
at the court house of the county in which the lands are situ- 
ated ; or the trustees of schools may direct the sale to be 
made on the premises ; and upon the reception by the county 
superintendent of the plat and certificate of valuation from 
the trustees, he shall proceed to advertise the said land for 
sale in lots, as divided and laid off by said trustees, by posting 
notices thereof in at least six public places in the county, forty 
days next anterior to the day of sale, describing the land, and 
stating the time, terms and place of sale; and if any newspa- 
per is published in said county, said advertisement shall be 
printed therein for four weeks before the day of sale — if none, 
then it shall be sold under the notice aforesaid. 

§ 88. Upon the day appointed, the county superintendent 
shall proceed to make sales as follows, viz : He shall begin at 
the lowest number of lots and proceed regularly to the highest, 
till all are sold or offered. No lot shall be sold for less than its 
valuation by the trustees. Sales shall be made between the 
hours of ten o'clock, a. m., and six o'clock, p. m., and may 



38 SCHOOL LAWS OF ILLINOIS. 

continue from day to day. The lots shall be cried separately, 
and each lot cried long enough to enable any one present to 
bid who desires it. 

§ 89. Upon closing the sales each day, the purchasers shall 
each pay or secure the payment of the purchase money, accord- 
ing to the terms of sale ; or in case of his failure to do so by 
ten o'clock the succeeding day, the lot purchased shall be again 
oflered at public sale, on the same terms as before, and if the 
valuation or more shall be bid shall be stricken otF; but if the 
valuation be not bid the lot shall be set down as not sold. If 
the sale is or is not made, the former purchaser shall be re- 
quired to pay the difference between his bid and the valuation 
of the lot; and in case of his failing to make such payment, 
the county superintendent may forthwith institute an action 
of debt or assumpsit, in his name, as superintendent, for the 
use of the inhabitants of the township where the land lies, for 
the required sum ; and upon making proof shall be entitled 
to judgment, with costs of suit; which, when collected, shall 
be added to the principal of the township fund. And if the 
amount claimed does not exceed one hundred dollars, the suit 
may be instituted before a justice of the peace; but if more 
than that sum, then in the circuit court of any county wherein 
the party may be found. 

§ 90. All lands not sold at public sale, as herein provided 
for, shall be subject to sale at any time thereafter, at the valu- 
ation ; and county superintendents are authorized and re- 
quired, when in their power, to sell all such lauds at private 
sale, upon the terms at which. they are oflered at public sale. 

§ 91. In all cases where common school lands have been 
heretofore valued, and have remained unsold for two years, 
after having been oflered for sale, or shall hereafter remain 
unsold for that length of time, after being valued and oflered 
for sale in conformity to this act, the trustees of schools where 
such lauds are situated may vacate the valuation thereof, by 
an order to be entered in book A, of the county superintend- 
ent, and cause a new valuation to be made, if, in their opin- 
ion, the interests of the township will be promoted thereby. 
They shall make said second valuation in the same manner as 
the firet was made, and shall deliver to the county superin- 
tendent a plat of such second valuation, with the order of 
vacation, to be entered as aforesaid ; whereupon said county 
superintendent shall proceed in selling said lands in all re- 
spects as if no former valuation had been made : Provided, that 
the second valuation may be made by the trustees of schools, 
without petition, as provided in this act. 

§ 92. Upon the completion of every sale by the purchaser, the 
county superintendent shall enter the same on book B, and shall 



SCHOOL LAWS OF ILLINOIS. 39 

deliver to tlie purchaser a certificate of purchase, stating therein 
the name and residence of the purchaser, describing the land and 
the price paid therefor ; which certificate shall be evidence of the 
facts therein stated. 

§ 93. At the first regular term of the county court in each 
year, the county superintendent shall present to the court of his 
county — first, a statement showing the sales of school lands made 
subsequent to the first regular term of the previous year, which 
shall be a true copy of the sale book, (book B); second, state- 
ments of the amount of money received, paid, loaned out and on 
hand, belonging to each township or fund under his control — the 
statement of each fund to be separate ; third, statements copied 
from his loan book, (book C), showing all the facts in regard to 
loans which are required to be stated upon the loan book ; all of 
which the county court shall thereupon examine and compare 
with the voucl'.ers ; and the said county court, or so many of them 
as may be present at the term of the court shall be liable, individ- 
ually, to the fund injured, and to the securities of said county su- 
perintendents, in case judgments be recovered of said securities, 
for all damages occasioned by a neglect of the duties, or any of 
them, required of them by this section : Provided, nothing herein 
contained shall be construed to exempt the securities of said county 
superintendent from any liability as such securities, but they shall 
still be liable to the fund injured the same as if the county super- 
intendents were not liable. 

§ 94. The county superintendent shall, also, at the time afore- 
said, transmit to the auditor of public accounts, a full and exact 
transcript from book B, of all the sales made subsequent to each 
report. The statement required to be presented to the county 
court shall be preserved, and copied by the clerk of said court 
into a well bound book, kept for that purpose ; and the list trans- 
mitted to the auditor shall be filed, copied and preserved in like 
manner. 

§ 95. Every purchaser of common school land shall be entitled 
to a patent from the state, conveying and assuring the title. 
Patents shall be made out by the auditor, from returns made to 
him by the county superintendent. They shall contain a descrip- 
tion of the land granted ; and shall be in the name of and signed 
by the governor, countersigned by the auditor, with the great seal 
of the state affixed thereto by the secretary of state, and shall 
operate to vest in the purchaser a perfect title in fee simple. 
When patents are executed as herein required, the auditor shall 
note on the list of sales, the date of each patent, in such manner as 
to perpetuate the evidence of its date and delivery, and thei-eupon 
transmit the same to the county superintendent of the proper 
county, to be by him delivered to the patentee, his heirs or as- 
signs, upon the return of the original certificate of purchase ; 



40 SCHOOL LAWS OF ILLINOIS. 

wliicli certificate, when returned, shall be filed and preserved by 
the county superintendent. 

§ 96. Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of purchase 
and of patents, upon filing aflSdavit with the county superintendent 
in respect to certificates, and with the auditor in respect to patents, 
proving the loss or destruction of the originals ; and such copies 
shall have all the force and effect of the originals. 



ACTS REPEALED. 

§ 97. An act entitled "An act to establish and maintain com- 
mon schools," approved February 12, 1849, and an act to amend 
said act, approved February 12, 1851, and an act entitled "An 
act to increase the school fund," approved February 10, 1853, and 
all other acts and parts of acts coming in conflict with the provis- 
ions of this act, are hereby repealed. This act shall take effect and 
be in force from and after its passage. 

Approved February 16, 1865. 



AN ACT to repeal so much of the school law as exempts school oflicers from 
serving on juries in courts of record. 

Section 1. Be it eiiacted hy the People of the State of Illinois^ 
represented in the Gfeneral Assembly^ That so much of section 
seventy-two of an act entitled "An act to establish and maintain 
a system of free schools," approved February 16, 1857, as exempts 
school oflScers from serving on juries in courts of record in this 
state, is hereby repealed. 

§ 2. This act shall take effect from and after its passage. 

Approved February 16, 1865. 



AN ACT for the estabhshment and maintenance of a Normal University. 

Section 1. Be it enacted hy the People of the State of Illinois^ 
represented in the General Assembly, That C. B. Denio, of Jo 
Daviess county, Simeon Wright, of Lee county, Daniel Wilkins, 
of McLean county, C. E. Hovey, of Peoria county, George P. 
ivex, of Pike county, Samuel W. Moulton, of Shelby county, John 
Gillespie, of Jasper county, George Bunsen, of St. Clair county, 
Wesley Sloan, of Pope county, Ninian W. Edwards, of Sangamon 
county, John Eden, of Moultrie county, Flavel Mosely, of Cook 
county, William H. Wells, of Cook county, Albert R. Shannon, 
of White county, and the superintendent of public instruction, ex- 
officio, with their associates, who shall be elected as herein provi- 



SCHOOL LAWS OF ILLINOIS. 41 

ded, and their successors, are hereby created a body corporate and 
politic, to be styled "The Board of Education of the State of 
Illinois," and by that nanie and style shall have perpetual succes- 
sion, and have power to contract and be contracted with, to sue 
and be sued, to plead and be impleaded, to acquire hold and con- 
vey real and personal property ; to have and use a common seal, 
and to alter the same at pleasure ; to make and establish by-laws, 
and alter or repeal the same as they shall deem necessary for the 
government of the Normal University hereby authorized to be es- 
tablished, or any of its departments, officers, students or em- 
ployes, not in conflict with the constitution and laws of this 
state, or of the United States ; and to have and exercise all powers, 
and be subject to all duties usual and incident to trustees of corpo- 
rations. 

§ 2. The superintendent of public instruction, by virtue of his 
office shall be a member and secretary of said board, and shall 
report to the legislature at its regular sessions the condition and 
expenditures of said Normal University, and communicate such 
further information as the said board of education or the legislature 
may direct. 

§ 3. No member of the board of education shall receive any 
compensation for attendance on the meetings of the board, except 
his necessary traveling expenses ; which shall be paid in the same 
manner as the instructors employed in the said Normal University 
shall be paid. At all the stated and other meetings of the board, 
called by the president or secretary, or any five members of the 
board, five members shall constitute a quorum, provided all shall 
have been duly notified. 

§ 4. The objects of the said. Normal University shall be to 
qualify teachers for the common schools of this State, by imparting 
instruction in the art of teaching, in all branches of study which 
pertain to a common school education, in the elements of the natu- 
ral sciences, including agricultural chemistry, animal and vegeta- 
ble physiology, in the fundamental laws of the United States and 
the state of Illinois In regard to the rights and duties of citizens, 
and such other studies as the board of education may from time to 
time prescribe. 

§ 5. The board of education shall hold Its first meeting at; the 
office of the superintendent of public Instruction, on the first Tues- 
day in May next, at which meeting they shall appoint an agent, 
fixing his compensation, who shall visit the cities, villages and 
other places In the state, which may be deemed eligible for the 
purpose, to receive donations and proposals for the establishment 
and maintenance of the Normal University. The board shall 
have power and it shall be their duty to fix the permanent loca- 
tion of said Normal University at the place where the most favor- 
able inducements are offered for that purpose : Provided, that 



42 SCHOOL LAWS OF ILLINOIS. 

such location shall not be difficult of access, or detrimental to the 
welfare and prosperity of said Normal University. 

§ 6. The board of education shall appoint a principal, lecturer 
on scientific subjects, instructors and instructresses, together with 
such officers as shall be required in the said Normal University, 
fix their respective salaries and prescribe their several duties. 
They shall also have power to remove any of them for proper 
cause, after having given ten days' notice of any charge, which 
may be duly presented and reasonable opportunity for defense. 
They shall also prescribe the text books, apparatus and furniture 
to be used in the university, and provide the same ; and shall 
make all regulations necessary for its management. And the 
board shall have the power to recognize auxiliary institutions when 
deemed practicable : Provided, that such auxiliary institutions 
shall not receive an appropriation from the treasury, or the semi- 
nary or university fund. 

§ 7. Each county within the state shall be entitled to gratuit- 
ous instruction for one pupil in said Normal University ; and 
each representative district shall be entitled to gratuitous instruc- 
tion for a number of pupils equal to the number of representatives 
in said district, to be chosen in the following manner : The county 
superintendent in each county shall receive and register the names 
of all applicants for admission in said Normal University, and 
shall present the same to the county court, or, in counties acting 
under township organization, to the board of supervisors, as the 
case may be ; who shall, together with the county superintendent, 
examine all applicants so presented in such a manner as the 
board of education may direct, and from the number of such 
as shall be found, to possess the requisite qualifications, such 
pupils shall be selected by lot ; and in representative districts 
composed of more than one county, the county superintendent 
and county judge, or the county superintendent and chairman 
of the board of supervisors, in counties acting under township 
organization, as the case may be, of the several counties composing 
such representative district, shall meet at the clerk's office of the 
county court of the oldest county, and from the applicants so 
presented to the county court or board of supervisors of the 
several counties represented, and found to possess the requisite 
qualifications, shall select by lot the number of pupils to which 
said district is entitled. The board of education shall have the 
discretionary power, if any candidate does not sign and file with 
the secretary of the board a declaration that he or she will teach 
in the public schools within the state, in case that engagements 
can be secured by reasonable effijrts, to require such candidate 
to provide for the payment of such fees for tuition as the board 
may prescribe. 

§ 8. The interest of the university and seminary fund, or 



SCHOOL LAWS OF ILLINOIS. 43 

such part thereof as may be found necessary, shall be and Is 
hereby appropriated for the maintenance of said Normal Univer- 
sity, and shall be paid on the order of the board of education from 
the treasury of the state ; but in no case shall any part of the 
interest of said fund be applied to the purchase of sites, or for 
buildings for said University. 

§ 9. The board shall have power to appropriate the one 
thousand dollars received from the Messrs. Merriams, of Spring- 
field, Massachusetts, by the late superintendent, to the purchase 
of apparatus for the use of the Normal University, when estab- 
lished ; and hereafter, all gifts, grants and demises which may 
be made to the said Normal University shall be applied in accord- 
ance with the wishes of the donors of the same. 

§ 10. The board of corporators herein named, and their suc- 
cessors, shall each of them hold their office for the term of six 
years : Provided^ that at the first meeting of said board, the said 
corporators shall determine, by lot, so that one-third shall hold 
their office for two years, one-third for four years, and one-third 
for six years. The governor, by and with the advice and consent 
of the senate, shall fill all vacancies which shall at any time occur 
in said board, by appointment of suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each biennial 
meeting thereafter, it shall be the duty of said board to elect one 
of their number president, who shall serve until the next biennial 
meeting of the board, and until his successor is elected. 

§ 12. At each biennial meeting it shall be the duty of the 
board to appoint a treasurer, who shall not be a member of the 
board, and who shall give bond, with such security as the board 
may direct, conditioned for the faithful discharge of the duties of 
his office. 

§ 13. This act shall take effect on and after its passage, and 
be published and distributed as an appendix to the school law. 

Appkoved February 18, 1857. 



Common School Decisions, 



PART I. 

DISCUSSION OF AMENDMENTS. 

PART II. 

OFFICIAL AND JUDICIAL DECISIONS. 

PART III. 

FORMS OF SCHOOL INSTRUMENTS. 



PART I. 



Discussion of AixLendmeiits. 



I SHALL now consider, seriatim, the several sections of tlie 
school law which were amended or changed by the acts passed 
by the 24th and 25th General Assemblies, and approved Feb- 
ruary 16, 1865, and February 28, 1867; and shall endeavor to 
analyze and explain each amendment, and to show in what 
manner and to what extent the rights and duties of school 
officers and others are affected thereby. 

§ 1. The first section of the act is so amended as to ex- 
tend the term of office of the state superintendent of public 
instruction, from two years, to four years. The amendment 
takes effect from and after the election to be held on Tuesday 
after the first Monday of ITovember, a. d. 1866. The state 
superintendent elected at that time, will hold his office for four 
years, which will thereafter constitute the legal official term 
of that officer. 

Probably no other of the recent changes in the school law, 
will meet with more general approval among thinking men, 
than this. The duties of the superintendency are difficult and 
complicated. They require an intimate knowledge, not only 
of the school law, but of many other state laws; as well as of 
such decisions of the courts as have been, and from time to 
time may be, rendered in relation to common schools. They 
also require a thorough acquaintance with the history, prog- 
ress, and workings of the system in past years; the evils to 
be remedied or avoided, and the benefits to be secured. They 
demand a knowledge of a great variety of legal and official 



48 DISCUSSION OF AMENDMENTS. 

forms, and of the intricate details connected with the collect- 
ing, arranging, and tabulating of educational reports and sta- 
tistics. The superintendent must also be conversant with all 
the official decisions and instructions of his predecessors in 
office ; with the line of sanctioned precedents in matters which 
are not, and cannot be, specifically provided for by law ; and 
with the general history of common school legislation and ad- 
ministration in other states. He must understand the principles 
of educational philosophy; the theory and methods of teach- 
ing; and the organization, classification, and management of 
schools; so that he may be the prompt and intelligent adviser 
and counselor of teachers and school officers. He should keep 
himself informed of the character and merits of the principal 
common school text-books of the country and of the improve- 
ments or changes made therein, in order to make safe and pru- 
dent suggestions on the subject, when applied to for informa- 
tion or advice in the premises. 

It would be easy to extend this statement of the preparation 
necessary for the proper discharge of the duties of the super- 
intendency, but enough, has been said to show that no man, 
without previous experience, can be more than just prepared 
for the efficient discharge of the duties of his position, within 
the time formerly allotted to the official term; and that the 
public interests must necessarily sufifer by such frequent 
changes. 

A still more important consideration is the impossibility, 
under a two year's tenure, of carrying out any comprehensive 
educational policy. Knowing that such a policy would be lia- 
ble to be arrested, and perhaps reversed, before its legitimate 
results could be realized, no superintendent could feel encour- 
aged, under the former system, to attempt it ; while, on the 
other hand, the loss to the common school interests of the 
state, consequent upon the lack of a definite plan of adminis- 
tration, is too obvious for remark. A poor policy is better 
than none — an imperfect system of means is better than un- 
certain and frequent changes. 

The duties of many offices are so simple, so much a matter of 
rule and routine, that frequent changes work no detriment to 
the service — the new incumbent can readily take up the work 
where his predecessor left off, and carry it forward without 



DISCUSSION OF AMENDMENTS. 49 

material interruption. In this case it is not so. A long and 
studious preparation is indispensable. It is not too much to 
say that any superintendent can accomplish double the amount 
of eifective labor, during a second term of two years, that he 
can during the first, and that the work will be more than 
twice as well done. For these reasons, and others that will 
hereafter appear, it cannot be doubted that the amendment 
under consideration is eminently judicious, and one that will 
largely contribute to the future prosperity of our educational 
system. 

§ 11. Section eleven is amended by substituting the term 
"county superintendent of schools," for that of "school com- 
missioner ; " and by extending the term of office to four years, 
to take effect from and after the election on the Tuesday next 
after the first Monday in November, 1865. The change of 
official designation will be approved for its obvious fitness and 
propriety. No one will need to ask what is meant by " county 
superintendent of schools," while no one, not previously in- 
formed, could be sure of the nature of the office referred to 
by the words, " school commissioner." The former is definite 
and appropriate ; the latter, vague and almost unmeaning. 
The appellation, "commissioner," is a familiar and general 
one, as " bank commissioner," " canal commissioner," etc., and 
the meaning of the term, when so used, is generally under- 
stood; but nothing could be further from the truth than to 
suppose that the word had a similar import when applied to 
the highest county school officer. The new title indicates the 
true nature of the service to be performed by the officer so 
designated. He is to superintend the common schools and 
school affairs of his county ; all of his other duties are sub- 
ordinate in importance. His relations to the county are 
similar in character and jurisdiction to those of the state 
superintendent to the state. It is in one sense a small mat- 
ter by what appellation an officer is known, but that is no 
reason why the rules of taste and fitness should not be 
observed when practicable. The designation, "county super- 
intendent of schools," has long been suggested by school com- 
missioners and teachers, and is now happily adopted by the 
legislature. 



50 DISCUSSION OF AMENDMENTS. 

Eights of property, and all other. interests affected by the 
change of name, are guarded and protected by the following 
provision : 

" The said county superintendents of schools shall be succes- 
sors to the school commissioners, as heretofore known and 
designated in the act to which this act is amendatory, and all 
other acts where the term ' school commissioner ' is used. And 
all rights of property, and rights and causes of action, exist- 
ing or vestecl in school commissioners, for the use of the in- 
habitants of the county, or any township thereof, or any part 
of them, shall vest in the county superintendents of schools, 
as successors, in as full and complete a manner as was vested 
in the school commissioners." 

The section is also amended by extending the tenure of the 
office of county superintendent to four years, the same as the 
state superintendent. County superintendents elected last No- 
vember will, therefore, hold their offices till November, 1869. 
The arguments in favor of this extension of tenure are forcibly 
stated by my immediate predecessor in his biennial report, as 
follows: "With reference to the school commissionership, 
three things ought to be provided for in the duration of the 
official tenure. First, sufficient time should be allowed the 
officer to devise, mature, and carry into effecl; his plans of 
administration, particularly those relating to school super- 
vision, — in a word, to establish system, and to test by patient 
operation its practical utility. Opportunity should be given 
not only to devise a policy, but to establish it, as our school 
system can only be secured against the evils of capricious ex- 
periment and change by the permanency of its local policies. 
Permanency of policy cannot be expected, when an officer is 
subjected at very short intervals to the contingencies of suc- 
cession, and when the incumbents appear and disappear as 
rapidly as the supernumerary characters in a play upon the 
boards of a theater. Our county superintendents can effect 
nothing in their jurisdiction worthy of their pains, without the 
aid of system — system necessarily requires time for develop- 
ment, maturity, establishment, and time to demonstrate its 
efficiency by the production of results which follow in the 
course of its operation. It is something of a personal vexa- 
tion, to say nothing of the public injury which follows, for an 



DISCUSSION OF AMENDMENTS. 51 

officer to be called off from his work just at a time when he 
has succeeded in perfecting his plans and adapting his agencies 
to some happy and useful consummation which he has set his 
heart upon, and leave his work to another, who has neither 
the will to approve, nor the wisdom to execute the plans which 
have been elaborated with so liiuch pains. Worse than this is 
it, to have a useful and harmonious system, which has been 
actually put into operation, and whose operation promises so 
much of real good to the interests it was designed to subserve, 
misapprehended, misapplied and mismanaged, to the detri- 
ment of those great interests, by the ignorance or carelessness 
of an incompetent successor. Doubtless the shortness of the 
official term has operated greatly to the discouragement of 
systematic effort for the improvement of our educational in- 
terests, because plans of improvement which require time for 
maturity, and whote success depends upon the personal super- 
vision and direction of the mind that originates them, will, 
either not be undertaken for want of time to develop and apply 
them, or they will soon be suspended or superseded by the in- 
terference of some unappreciative follower in office, and their 
whole effect disannulled. A policy which will encourage sys- 
tem in our county administrations — system which could have 
something of permanence and fixity associated with it, which 
would be secure from interference, innovation, supercession, 
would tell directly and powerfully upon the common school 
interests of the state. It is believed that a lengthening of the 
official term of our commissioners would have such a tendency. 
"The second object which ought to be regarded in the ap- 
pointment of the term of office should be, to secure to the 
officer the incumbency of his place for such a term as will in- 
volve some high idea of official responsibility. The sense of 
responsibility in office will generally be in proportion to the 
duration of the official tenure. A too limited tenure of office 
is likely to lessen the sense of responsibility. The very short- 
ness of the connection which identifies the man with the posi- 
tion seems to detract from the importance of the office and 
tempts to negligence and carelessness. It would seem reason- 
able that the feeling of responsibility should be deepened as 
the official term is lengthened, for the reason that the officer 
stands responsibly associated with the results of his public 



52 DISCUSSION OF AMENDMENTS. 

acts until the expiration of liis term, and in proportion as the 
period of expiration is future, will the sense of responsibility 
be sustained. From the files in my office, I could select two 
reports from county commissioners, one returned by a retiring 
officer and the other by a re-elected officer. The first bears 
unmistakable evidences of official remissness, the other bears 
as unmistakable evidences of official diligence and care. 
With the first the sense of responsibility had ceased to oper- 
ate—with the other.it was active and sustained. The connec- 
tion of the first with the obligations of office was about being 
dissolved, and responsibility died with the prospect. The con- 
nection of the other was perpetuated, and responsibility was 
kept alive with the recollection of continued accountability. 
This, I think is a rational account of the difference. At all 
events, the sustained interest of an officer in the business en- 
trusted to him depends greatly upon the fact of his continuous 
and continuing accountability. 

"The third object to be provided for in fixing the tenure 
of the office is to make the incumbent feel secure of retaining 
his position for such a length of time as will render the office 
in the estimation of the holder really valuable and desirable. 
If such provision is made for permanent incumbency, the office 
is taken possession of with a satisfied and contented disposi- 
tion, which is highly favorable to efficiency and success. If 
such provision is not made, the officer accepts the position 
with the knowledge of its merely temporary tenure, and with 
a consequent unsettledness of mind which disposes him to re- 
gard his place in the light of a mere incident to some higher 
and more permanent position. He cannot look upon his office 
as affording him employment and emolument for any considera- 
ble time to come — he" cannot feel fixed in his station. There 
is a temptation, consequently, to use the office as a stepping- 
stone to higher preferment — a mere round in the ladder of 
ambition by which the incumbent can mount to higher honors. 
He will be liable, in all such cases, to use the influence of his 
office with reference to his ulterior design. Instead of ad- 
dressing himself to the earnest and faithful discharge of his 
duties, with a single eye to the great interests committed to 
his hands, his eyes are oftener fixed upon the political chances 
occurring around him, with the hope of discovering both the 



DISCUSSION OF AMENDMENTS. 53 

opportunity and the means of official promotion. Tliis tempta- 
tion to demagogism arises out of the limited tenure of the 
office. An extension of the official term to a period which 
would render the incumhency more permanent, would weaken 
the temptation — perhaps remove it altogether. Could a 
change be effected here, and the term of the school commis- 
sioner's office be extended to twice the length of the present 
term, I think we would witness many good effects following. 
Systematic administration would take the place of unmethodic 
and disorderly policies which now too often prevail — official 
responsibility would be heightened and sustained, and in con- 
sequence, the duties of the office would be discharged with 
more earnest zeal and fidelity — a feeling of secilrity, growing 
out of the knowledge of fixed and permanent incumbency 
would possess the minds of our officers, and regarding their 
position as one of permanent and honorable service, and not 
as a mere temporary accommodation, they would labor con- 
tentedly at their stations, not coveting or seeking other more 
permanent offices. That these results would follow such a 
change seems reasonable, and if so, they would be quite suffi- 
cient to justify the innovation." 

It will be observed that these arguments apply with equal 
force — most of them with still greater force — to the tenure of 
the state superintendent. They cannot fail to convince all 
thinking men of the wisdom of the change, and experience 
•will, I doubt not, still further vindicate the same. It is proper 
to add that this extension of tenure is in accordance with the 
theory and practice of the older free school states, where the 
opinion in its favor is almost unanimous. 

§ 15. The object of the amendment to this section is to 
throw further safeguards around the township funds, by re- 
quiring a closer scrutiny of the bonds of township treasurers, 
on the part of county superintendents. For lack of such 
scrutiny many townships have suffered heavy losses ; and 
there is reason to fear that many bonds now on file are worth- 
less by reason of fatal defects of form, or failure of renewal 
for a term of years, and the consequent present insufficiency 
of the securities. It is true that the duty of passing upon the 
sufficiency of the township treasurer's securities, and of ap- 



64 . DISCUSSION OF AMENDMENTS. 

proving his bond, rests bj^ law, primarily, upon tlie board of 
trustees, and that the penal consequences of neglect fall chiefly 
upon them. (§ 74.) But it is plain from the language of this 
section, as amended, that it is the intention of the legislature 
to require greater vigilance than heretofore on the part of 
county superintendents, as an additional safeguard for the 
funds of the township. Hence, if a bond is "in an}- respect 
defective" they mast "return it for correction." Their duty 
is not fulfilled by simply acting as the custodian of the bonds 
of township treasurers, and accepting, without investigation, 
all that are presented, provided only that the}- are approved 
by the requisite number of trustees. They must closely ex- 
amine every instrument, to see that it is in strict conformity 
with the law ; that it is duly renewed every two years, and, as 
far as practicable, that the securities are good and sufficient." 
And until the bonds are purged of all defects, they mast re- 
fuse to pay over the funds, or to deliver up the papers, etc., to 
the township treasurers concerned. When a bond is perfected, 
according to law, and to the requirements of the county super- 
intendent, and not before, that officer will "indorse his ap- 
• proval thereon, and file the same with the papers of his 
office." 

§ 16. The basis of distribution of the state and county 
school fund, by count}' superintendents, remains unchanged, 
viz: one-third b}^ territorj-, and two-thirds by census of white 
children under twenty-one years of age. But no distribution 
is to be made to townships in which schools have not been kept 
according to law. 

B}^ the amendment, county superintendents may loan the 
principal of their respective county funds, at any rate of in- 
terest, not less than six per cent., nor more than ten per cent, 
per annum, payable half-yearly, in advance, as heretofore. 
Loans may be made at ten per cent., by the county superin- 
tendent, without reference to or consultation with the county 
court or board of supervisors ; the object of the amendment 
being simply to authorize loans at a less rate, when ten per 
cent, cannot be obtained, so that the fands may not lie unpro- 
ductive. But loans cannot be made at a less rate than ten per 
cent, without the consent of the county court or board of su- 



DISCUSSION OF AMENDMENTS. 65 

pervisors, by whom such lower rate must be determined. The 
interest accruing from the loan of all county funds must be 
apportioned, annually, in the same manner as the state school 
fund is apportioned. 

In order to guard, in the most effectual manner, against pay- 
ing out funds to irresponsible parties, and as a check against 
the neglect of township treasurers in respect to the prompt 
execution or renewal of their bonds, it is provided by the 
amendment to this section : 

"That no part of the state, county or other school fund, shall 
be paid to any townshi}) treasurer, or other person authorized 
by said treasurer, unless said township treasurer has tiled his 
bond as recpiired by the iifty-lil'th (oSth) section of the act; 
nor, in case said treasurer is re-appointed by the trustees, unless 
he shall have reyiewed his bond, and filed the same, as aforesaid." 

County superintendents are here forbidden, in the most 
positive terms, to recognize the claims of any township to a 
share of the public funds, until a good and valid bond is on 
file from the treasurer of said township. To this rule they 
must conform with unswerving firmness, in all cases. Before 
making any distribution of funds, superintendents should care- 
full}' examine the bonds on file, to see who are, and who are 
not, entitled to participate in such distribution. If any bonds 
are found to bo defective, or not to have been properly re- 
newed, the trustees and treasurer of the proper township 
should be informed of the fact, and warned of the conse- 
quences of neglecting to comply with the law. And when the 
time to make the apportionment arrives, those townships only 
can be included in the distribution, whose treasurers' bonds 
are on file in proper form, and unexpired. If any township is 
excluded from the distribution, the township treasurers and 
trustees will then be responsible, and not the county superin- 
tendent. This rule applies to all the funds in the hands of 
the superintendent — both to that apportioned in proportion to 
the number of acres, and to that upon the census of children. 
The amount that would have been apportioned to townships 
excluded by default in filing the necessary bonds, must not be 
reserved for them, to be paid over when they comply with the. 
law, but must be apportioned to the other townships — it is 
forfeited, not simply postponed. 



56 DISCUSSION or amendments. 

This amendment determines the important principle that a 
township treasurer's bond must be renewed every two years, 
in case the same treasurer is re-appointed from time to time. 
Failure to renew does not, of course, invalidate the bond, or 
release the securities, but it is the duty of the treasurer to renew 
his bond at the time of each biennial re-appointment, and no 
funds can be paid him by the county superintendent if he fails 
to do so. The tenure of the treasurer, and that of his official 
bond, are intended by law to be coincident, viz : two years. 

The provisions of law on this subject may be summed up 
as follows : 

1. Every township treasurer, before entering upon his du- 
ties, must execute a bond. 

2. If a treasurer serve two years and is re-appointed, he 
must execute a new bond. 

3. If a treasurer resign, or is removed, and a new one is 
appointed, he must execute a new bond. 

4. Every bond must have at least two responsible free- 
holders as securities, which securities shall not be members of 
the board of trustees. 

5. Every bond must be approved and accepted by at least 
two members of the board of trustees, 

6. The penalty of every bond must be at least twice the 
amount of the moneys, notes, mortgages and effects, in the 
custody, or to be in the custody, .of the township treasurer. 

7. Every township treasurer's bond must be in the form 
prescribed by law. (See section 55.) 

A reference to the above points will enable any county super- 
intendent to determine readily and surely the character and 
condition of every bond on file in his office, or that may be 
delivered to him, and to govern himself accordingly. 

§ 17. One of the most important duties of county superin- 
tendents is the preparation of full and careful reports, showing 
the progress and condition of the public schools in their re- 
spective counties. Upon the completeness and accuracy of 
the county reports, depend the fullness and value of the bien- 
nial report to the governor, and upon that report the people of 
this and other states rely for their knowledge of the condition 
of public education in Illinois, and the legislature, for the data 



• DISCUSSION OF AMENDMENTS. 57 

by which to estimate the character of the results achieved, 
and the legislation necessary to the further improvement and 
development of the whole system. 

I wish I could impress upon school officers the vast impor- 
tance of well digested, consistent and thoroughly reliable sta- 
tistical and general educational reports. It is certain that 
many consider the elaboration and tabulation of school reports 
as little better than useless drudgery — to be performed be- 
cause required by law, but as of little practical value. And 
hence, it cannot be denied that this duty is more neglected, or 
more carelessly performed, than any other connected with our 
system. I speak in general terms, for there have always been 
some, whose reports have reflected honor upon themselves and 
the state. 

The first requisite of a statistical report is truth. Let the 
facts appear just as they are, whether they show progress or 
retrogression. It is folly to exaggerate facts in order to save 
the pride of a communitj^, or to make actual decline appear as 
advancement. It is more than folly, because it does injustice 
to those whose bona fide progress is made to suffer by compari- 
son with fictitious progress; and because it misleads and de- 
ludes the public mind. Consistency, fullness of details, dis- 
criminating accuracy, close observation, neatness and punctu- 
ality, are also indispensable in good school reports. Such 
reports require a great deal of time, and thought and patience; 
but they are worth something when you get them. I have 
spoken of the necessity of school reports. They are abso- 
lutely essential — they are the way-marks of progress. ]^o 
system of schools, or of anything else, can dispense with such 
periodical exhibits of its operations. 

For the reason, therefore, that complete and trustworthy 
Bchool reports are a necessity, this section, as amended, is 
highly penal in its provisions relative to default in returning 
such reports ; the consequence being the forfeiture of the state 
fflnd, for the year next succeeding that in which no report was 
made, and the liability of the delinquent county superintend- 
ent to removal from office, for such neglect of duty. These 
provisions are not too severe. There is no excuse for the non- 
rendition of the required reports, except in case of providen- 
tial or other unavoidable necessity, in which case the state 



58 DISCUSSION OF AMENDMENTS. ♦ 

superintendent is authorized to remit the forfeiture. He will 
promptly exercise tlie discretion vested in him in such cases, 
whenever satisfactory reasons are shown for the failure, but 
not otherwise. Blanks of every description, and full instruc- 
tions as to the manner of filing them, will, in all cases, he fur- 
nished to county superintendents, as heretofore, and all possi- 
ble aid and assistance will be cheerfully rendered whenever 
requested ; so that if any county should, unfortunately, incur 
the penalty named in this section, it shall have no right to 
complain. It is not anticipated that such a contingency will 
occur. 

For the past six years,' county superintendents have been re- 
quired to report annually. That rule will be continued. It is 
better in all respects than to report only once in two years. 
The facts and statistics of each year should be collected and 
tabulated while the memory is fresh and the materials abun-, 
dant and available. If deferred for two years, the report for 
the first year is sure to be comparatively meagre and imper- 
fect, and the materials of both reports to be more or less con- 
fused. County reports will therefore continue to be due on or 
before the second Monday of I^ovember annually. 

§ 20. It was the object in amending this section, to correct 
the erroneous ideas, so prevalent in portions of the state, in. 
regard to the nature of the office of county superintendent, 
and the character of the duties belonging thereto ; and, hence, 
the amendments consist mainly in declaring and defining the 
educational duties of the position. These amendments should 
be considered in connection with that of the eleventh section 
of the act, and as explaining why the legislature abolished the 
name of " school commissioner " and adopted that of " county 
superintendent of schools." It is safe to say that numbers of 
our people have had no proper conception of the real duties 
of school commissioners. They have been thought of merely 
as the financial and disbursing agents of the school fund; 
whose duties consisted mainly in selling a bit of school land 
occasionally, dividing a little school money, and appropriating 
the percentage of commissions allowed by law. It is even to 
be feared that some school commissioners themselves have not 
looked much beyond these considerations. 



DISCUSSION OF AMENDMENTS. 59 

To dispel such utterly wrong and pernicious impressions, 
the amendment to the eleventh section declares that there shall 
be elected a county superintendent of schools; and the twentieth 
section as amended, declares what are the great, jparamount, all 
imporiani duties devolving upon him as such. These chief du- 
ties are not to sell school land and apportion school moneys, 
but to visit schools ; to study their methods of instruction, discipline 
and government ; to instruct in the science, art and methods of teach- 
ing ; to he the adviser and assistant of school officers and teachers ; 
to promote the formation of teachers' institutes ; and to labor in every 
practicable way to elevcde the standard of teaching, and to improve the 
condition of the common schools of his county. 

These are high educational duties and responsibilities, not mere 
business and financial details ; and it is for these great ends that 
the office of county superintetident of schools has been created — 
an office not surpassed by any other in the magnitude, dignity, 
importance and difficulty of the duties imposed — duties which 
absolutely demand for their proper discharge, the ablest, best, and 
most experienced educational men that can be found — duties that 
require not only great ability and special qualifications, but much 
time, attention and thought. I rejoice that so many of the pres- 
ent superintendents are of this character. I call upon the people 
of every county in the state, to see to it that these high interests 
are entrusted to no other class of men. Do not give the highest 
county school office to men who seek it only for the sake of the 
commissions accruins: from the sale of land and the division of the 
school fund, but to those who comprehend, and are able to perform 
the Infinitely more important duties pointed out in this section. 
Let no private, personal, or political considerations prompt you to 
place any but the very best available man in this responsible 
position. 

As has already been said, the financial duties of a county super- 
intendent, though highly important In their sphere, are utterly 
insignificant when compared with his educational duties. Any 
man of ordinary honesty, and of even less than ordinary business 
capacity, can sell a piece of land, or apportion a few hundred 
dollars. But no mere business man, be his talents ordinary or ex- 
traordinary, can successfully meet the educational requirements of 
this and other sections of the school law. It Is these duties which 
impart all real value and significance to the office of county super- 



60 DISCUSSION or amendments. 

intendent. Apart from these duties, the office might be abolished 
without material detriment to the essential interests of common 
schools. 

From no other cause have the intejrests of common schools 
suffered so much as from the lack of close, competent, energetic 
and faithful supervision. In both of my reports to the legislature, 
I earnestly invoked its aid to provide a remedy for this great evil. 
In urging this point the following language was used : " The great 
want of our free school system is supervision. The need of this 
is felt in all its departments and agencies, from the highest to the 
lowest. The impossibility of obtaining full and reliable data for the 
statistical reports, though a serious evil, is the least of those which 
flow from the absence of systematic and responsible supervision. 
The schools themselves, and the essential interests of education, 
are the greatest sufferers. The lack of efficient subordinate super- 
vision is fatal to every effort of the state superintendent to give 
unity and strength to the system, and equally so to the plans of 
commissioners for the improvement of the schools of their respect- 
ive counties. It is vain to make recommendations or issue letters 
of instruction, if there are none to see that they are carried out. 
Hence the want of unity and co-operation among the various offi- 
cial agencies of the system. Irregularities are unnoticed or winked 
at ; errors in government and classification — vicious arrangements 
of studies and methods of teaching are suffered to exist, all of 
which would instantly be detected by the vigilant eye of an expe- 
rienced visitor, and the proper remedy be applied. 

" Hence there should be a competent, earnest and faithful 
county superintendent in every county of the state, who should 
be required to devote his whole time to the watchful care and 
supervision of the common schools of his county ; and for these 
services he should receive a suitable compensation. Under the 
influence of such an officer in every county of the state there 
would, in a single year, be such a change for the better in the con- 
dition of the public schools, as would surprise the most sanguine 
and convince the most skeptical. Activity would succeed stag- 
nation, order arise from confusion, uniformity from diversity, 
strength and success from weakness and failure. 

" The county superintendents would be the prompt, efficient and 
reliable agents through whom the state superintendent could at all 
times communicate with the schools of the state and carry out his 



DISCUSSION OF AMENDMENTS. 61 

plans for their improvement ; they would be the ready and con- 
stant advisers of teachers, directors and township officers ; coun- 
seling them in their duties, relieving them in their perplexities, 
assisting them in their records and in all the business details per- 
taining to the schools. They would be active and efficient helpers 
in preparing for, organizing and conducting teachers' institutes, 
and in bringing the people to see the necessity of thorouo'h 
teachers and sound principles and methods of instruction. And 
when the time for the annual reports arrives, the central office would 
have prompt, complete and harmonious materials from which to 
prepare the state report, and thus the legislature and the people 
would be furnished with minute and authentic data as to the 
progress of the whole system. 

" For this work the very best and most experienced educational 
men should be chosen — practical teachers, if possible. There is 
not a county in the state where the ablest and strongest of 
such men would not find scope for all his time and all his 
powers, and still leave much labor undone that ought to be per- 
formed. The idea that this work can be properly done by any 
man in connection with or in addition to any other regular pro- 
fession or employment, is absurd ; the mere business and financial 
matters connected with the schools may be attended to by a per- 
son engaged in other pursuits, but to speak of this as scJiool super- 
vision would be a strange perversion of language. The fact that 
little more than this is done or attempted by some of the school 
commissioners of the state, is not their fault, but that of the sys- 
tem. There are not five counties in the state in which the com- 
pensation now allowed school commissioners by law, is alone ade- 
quate for their support ; no man therefore, can take the office of 
school commissioner unless he has some other means of income. 

" The supervision here recommended will cost something, but it 
will amount to something. It will be an infinite gain to the schools 
and in the end be in every sense the cheapest. This is the testi- 
mony of every state where it has been tried, and is indeed self- 
evident ; for all know that honest and vigilant supervision is the 
life and strength of every enterprise requiring numerous and di- 
versified agencies." 

I congratulate the friends of free schools that the agency so 
long needed has at length, in part at least, been provided. The 
legislature has given us county superintendents of schools, and has 



62 DISCUSSION OF AMENDMENTS. 

tlius recognized, as never before, the true nature of the office. It 
is for us to see that the just expectations of the friends of this im- 
portant change are not disappointed. 

It is obligatory upon county superintendents to visit every school 
in their respective counties, at least once in each year. Less than 
this ought not to be required; much more is expected. Every 
school has a right to the benefit of such official visitation. The 
value of an encouraging word to a faithful teacher, or an approv- 
ing remark to deserving pupils, or of a kindly hint or suggestion, 
is very great. A devoted and competent superintendent will 
always be able to draw from the storehouse of his experience and 
observation, an apt suggestion or a timely hint, some word of 
counsel or advice, which will cause his visit to be pleasantly re- 
membered and its repetition to be desired. 

The visitations of the superintendent should be conducted with 
a definite plan and aim, and the results carefully noted and pre- 
served. He should always aim at some positive practical good, 
both to himself and to the school ; hence, he must know how and 
what to observe, and how and what to speak. There is no won- 
der-working magic in the mere oflScial visit of a county superin- 
tendent — he must know what he is about, and be master of the 
situation, or the comments that will follow his departure may be 
the reverse of complimentary. If a superintendent does not un- 
derstand the science, art and methods of teaching, it is needless to 
say that he cannot instruct others in them ; nor will it be long be- 
fore both the teacher and pupils of the school visited, will find it 
out. But the visits of a superintendent of large experience, am- 
ple endowments, and an earnest, intelligent purpose, cannot fail 
to be always most welcome and most useful. 

In order to form a just opinion of the real condition of the 
school visited, the ordinary routine of the exercises should not be 
disturbed or suspended, and the visit should not be less than two 
or three hours, if practicable. The practice of arresting the 
usual proceedings in order to enable the visitor to witness the per- 
formance of a few favorite scholars or classes, is all wrong — it 
defeats the whole object in view, which is to ascertain how the 
daily work of the school is done, not to be amused or astonished 
by the achievements of a trained few. The superintendent calls 
to inspect the school, not to attend an exhibition. Still worse is 
the habit of suspending all business when the inspector enters, 



DISCUSSION OF AMENDMENTS. 63 

until he "makes some remarks," and not resuming until he re- 
tires — leaving both parties precisely as wise as they were before. 
The intention of the law is plain ; the superintendence contem- 
plated will require careful study and preparation. Mere visita- 
tion is not what is wanted ; that alone is as useless as for a physi- 
cian to merely look upon a patient, and then retire. The disease 
must be understood, and then the remedy applied. So in the edu- 
cational work ; its principles must be understood, its wants known, 
and then the proper means employed to correct existing defects. 

This section is also amended as to the manner of appeals to the 
state superintendent. When controversies arise, the parties are 
first to seek the opinion and advice of the county superintendent. 
If his decision is satisfactory, that ends it. If not, then the county 
superintendent forwards a written statement of the facts in the 
case, to the state superintendent. This mode of conducting ap- 
peals is more simple than that under the old law, besides avoiding 
the contingency of cases where an agreed statement cannot be ob- 
tained, as not unfrequently happened under the former plan. The 
county superintendent, having already examined the case and 
afforded the parties a full hearing, is familiar with all the essential 
points in issue, and can readily embody them in his statement to 
the state superintendent. 

But it is the intention of the law, as amended, that all matters 
of doubt, or in respect to which information or advice is needed, 
should be referred, primarily, to the county superintendent. He 
" shall be the official adviser and constant assistant of the school 
officers and teachers of his county." He stands at the head of 
the common school system of his county, and is the proper officer 
to apply to on all subjects relating to the interests of the schools, 
and to the rights and duties of school officers and teachers in his 
county. It is his duty to be thoroughly acquainted with the law, 
with its official and judicial interpretations, and with the whole 
frame-work of our educational system, and thus to be qualified as 
the official and intelligent adviser of all in his county who may 
need his assistance. 

This was undoubtedly contemplated in the original adjustment 
of the several classes of school officers ; it is the shortest and most 
natural course for the parties concerned ; it relieves the central 
office of an unnecessary burden, and smooths and simplifies the 
operations of the whole system. If the county superintendent 



64 DISCUSSION OF AMENDMENTS. 

should be unable to give the information, or to answer the ques- 
tions submitted to him, it is his right and duty to apply to the 
state superintendent for the necessary advice or instructions, which 
the latter is bound to furnish — promptly and fully. But the county 
superintendent was intended to be, and is, the proper advisory and 
consulting officer on all common school matters in his county, and 
as such he should be first applied to. In the great majority of 
cases he can furnish the desired information or counsel, and thus 
save much time and delay to the parties concerned. 

Should matters of a controversial nature be submitted to the 
state superintendent, he will deem it his duty to decline to con- 
sider or pass upon them until they shall have been referred to the 
county superintendent, as required by law. All such matters will 
receive prompt attention when they are received through the reg- 
ular and prescribed channel, namely, through the county superin- 
tendent, and not otherwise. This is not to cause the parties need- 
less trouble, nor to save the state superintendent from labor, but 
to subserve the ends of truth and equity, and to comply with the 
law. The one great end sought by the prior reference to the 
county superintendent, is to furnish the state superintendent the 
means of rendering a just and impartial decision, should the case 
come before him by appeal. 

The department will, in all cases, decline to furnish an opinion 
or decision in a case where legal proceedings have been already 
instituted, or are pending ; nor will such opinion be knowingly 
given to be used in a court of justice where the question or ques- 
tions are being tried ; nor where the object is to use such decision 
in legal proceedings proposed to be instituted. Official opinions 
will be declined in such cases for two reasons : first, because the 
object of clothing the state superintendent with authority to deter- 
mine school controversies is to prevent litigation, not to furnish 
parties or their counsel with the means of gaining a suit after legal 
proceedings have commenced ; and, second, because by the terms 
of the 8th section of the act, the state superintendent has nothing 
to do with cases which have been taken into the courts — his juris- 
diction ceases the moment that of the courts begins. He neither 
has nor claims, nor wishes to have or to claim, any judicial authority. 

§ 23. The amendment to this section provides for the election 
of one township trustee annually, and extends the term of office 



DISCUSSION OF AMENDMENTS. 65 

to three years ; being the application of the same principle to the 
election and tenure of trustees, as obtains in respect to the election 
and tenure of school directors. No amendment has worked better 
than that which extended the term of office of directors from one 
to three years, and which obviated the great evil of an entire 
change of men and measures every year, by providing for the re- 
tirement of one director annually, leaving a majority of the board 
still in office. There is no reason to doubt that equally great ad- 
vantages will follow the incorporation into the law of the same 
rule in respect to township trustees. It will give stability and 
uniformity to the policy of the board, and avert the evils incident 
to an entire change of members every two years. 

The new rule took effect at the last regular election of trustees, 
■when three trustees were chosen. Within ten days after an elec- 
tion the trustees elect must meet and draw lots for their respective 
terms of office. The manner of drawing lots is probably familiar 
to all. Three cards or slips of paper, of uniform size and shape, 
are prepared, on one of which are written the words, ^^one year;" 
on another, '■'' two years ;''"' and on the third, ^^ three years." The 
slips of paper are then folded separately, and placed in a box, 
or other receptacle, when each trustee elect proceeds to draw forth 
one of the cards or slips, and hands it to the clerk of the board, 
•who reads aloud the words written thereon. The trustee who 
draws the card marked " one year " holds his office for one year ; 
the trustee who draws the card marked " two years " holds his 
office for two years ; and the trustee who draws the card marked 
" three years " holds his office for three years. 

There are many other modes of drawing lots, which need not 
be described ; the method suggested is one of the most common 
and simple. Any mode may be adopted which will carry out the 
intention of the law, which is to determine the respective terms of 
office strictly by lot, or chance, without design or partiality. As 
soon as the term of each trustee is decided, the clerk of the board 
must see that the same is duly recorded in the book of proceed- 
ings, as evidence of the fact. 

The amendment provides that if but two of the trustees elect 
shall be present at the meeting for the drawing of lots, said two 
trustees shall proceed to draw lots, the same as if all were present, 
and the lot not drawn shall determine and fix the term of office of 
the remaining trustee. The object of this is to avoid delay, and to 
5 



66 • DISCUSSION OF AMENDMENTS. 

prevent any one member elect from hindering the organization of 
the board, and defeating the intention of the law, by neglecting or 
refusing to attend the meeting. It is plain that the rule prescribed 
by the amendment is just and right, for the three cards or slips 
must be put in the box, the same as if all the members were pres- 
ent, and after two of said slips have been drawn the remaining one 
must necessarily decide the tenure of the third trustee. When 
but two of the trustees are present at the drawing, as aforesaid, it 
will be the duty of the clerk to record the term of office of the 
absent member, after it shall have been determined as aforesaid, as 
well as the term of the two who are present ; and said record 
shall be final and conclusive. 

The respective terms of office of the trustees having been de- 
termined, one trustee will thereafter be elected annually — the trus- 
tees retiring in one, two and three years, respectively, according to 
the lot drawn by each one. The notice of each subsequent annual 
election of one trustee, must be in the form prescribed by law, and 
should also designate, by name, the trustee whose term expires, 
and whose place is to be filled by said election, and the length of 
time for which the new trustee is to be elected. In case of va- 
cancy, by removal, resignation or death, the trustee elected to fill 
such vacancy, can only hold his office for the unexpired term of 
the member whom he succeeds. 

5 25. The election of trustees havlno- been changed from three, 
biennially, to one, annually, this section is amended by substitut- 
ing the latter word for the former, so that it shall conform to the 
facts in the case. This section is further amended by the very im- 
portant proviso, that If the township trustees, or their treasurer, 
shall fail or refuse to order the regular election of trustees, Or an 
election to fill vacancies, the duty of ordering such regular or spe- 
cial election shall devolve upon the county superintendent. The 
object of this provision Is to put an end to the practice of suffering 
elections of trustees to go by default, thus perpetuating the same 
board from year to year, and in some cases almost from age to age, 
to the great detriment of the Interests of the schools and school 
funds. Heretofore, such self-perpetuation has been both easy and 
frequent ; It was only necessary for the trustees, or treasurer, to 
let the time of election go by, without giving the required notice, 
and as no other officer was authorized to order the election, none 



DISCUSSION OF AMENDMENTS. 67 

would be held, and the old board would continue in office another 
term, when the same thing would occur again, and so on for a 
series of years. The amendment furnishes the needed corrective 
of this chronic evil and abuse. When the time for the stated elec- 
tion of trustees arrives, and the board fail or refuse to give the re- 
quired notices, (through the township treasurer,) the fact should be 
made known to the county superintendent whose duty it will then 
be to order the election. And if a vacancy occurs in the board, and 
the remaining trustees shall fail or refuse to order an election to fill 
such vacancy, it likewise becomes the duty of the- county superin- 
tendent, upon being apprised of the fact, to order the election. 

County superintendents are urged to a prompt performance of 
the duties enjoined upon them by this amendment. They are to 
see that any neglect on the part of township officers in respect to 
school elections, is remedied without delay. They are to cause it 
to be understood that there must be an election of trustees at the 
stated time, annually, and not once in five, ten or twenty years, 
and that if this matter is not attended to by the trustees, it will be 
attended to by the county superintendent. The law in relation to 
the election and tenure of trustees is as plain and as binding as 
any other part of the act, and must be observed accordingly. It 
it had been the intention to allow trustees to order elections when 
they pleased, or not to order them at all unless they pleased, or 
to continue themselves in office as long as they pleased, the legis- 
lature would have so enacted. But as no such discretion is given 
in the law, none can be allowed in practice. When, through de- 
fault of township officers, elections are ordered by county superin- 
tendents, the latter will be careful to see that the notices are in due 
form of law ; and it is of great -moment that the poll book, and 
certificate of the judges, should be in proper form, and delivered to 
the county superintendent without delay. Neglect of this has 
caused a vast amount of difficulty. As the poll book, with the 
certificate, constitutes the legal evidence of election, the county 
superintendent must see, in all cases, that they are carefully filed 
and preserved. 

§ 32. The principal amendment to this section Is' in respect to 
tenure of office of the president of the board. Under the old 
law the president held his office during the period for which the 
board was elected, viz : two years ; but this is obviously imprac- 



68 DISCUSSION OF AMENDMENTS. 

titable under the new provisions relative to the election and ten- 
ure of trustees, because the member appointed president may be, 
and is always liable to be, the one who holds the shortest, or one- 
year term, and consequently cannot serve for two years, even if 
appointed for that period. It is obvious that no detriment to the 
interests of the board can grow out of this reduction of the terra 
of the president to one year, since, if he prove an efficient and 
acceptable officer, he may be re-appointed from year to year, 
and when his term of service as trustee expires he may be re- 
elected and again appointed president, if desired. On the other 
hand, if the member appointed president should prove incompe- 
tent or inefficient, a change may be made a year sooner than was 
formerly practicable without an act of removal. 

It will be observed that stated meetings must be held on the 
first Mondays of April and October, and that special meetings 
may be convened as often as the educational interests of the town- 
ships may require. Of all meetings of the board, whether stated 
or special, every member of the board should have due and timely 
notice, but any official business of the board may be legally trans- 
acted by any two members thereof. Every newly elected board 
of trustees should organize, by the appointment of a president and 
clerk, without unnecessary delay, as business requiring the official 
signatures of those officers may, at any time, arise. The president 
and clerk should be appointed with the greatest care, and with 
sole reference to their fitness for the duties of their respective 
positions. The president should be a man of good judgment,- 
punctual habits, and well acquainted with the inhabitants and 
business affairs of the township. In appointing their treasurer, 
the board should reflect that to his financial ability and integrity 
all the pecuniary interests of the corporation are intrusted, and 
that no motive can therefore justify them in knowingly appointing 
to that important position a man destitute of those essential 
qualities. Many of the losses incurred, and difficulties encount- 
ered, in the management of the business and financial affiiirs of 
townships, are directly traceable to the lack of proper caution in 
the selection of township treasurer. In addition to his business 
qualifications and thorough trustworthiness of character, he should 
also, if possible, be a good penman, and familiar with the keeping 
of records and other official proceedings. The absence of these 
latter qualities is always to be regretted, and especially in a posi- 



DISCUSSION OF AMENDMENTS. 69 

tion like this, where so much depends upon accuracy and system. 
The records of the board are moreover a public record, to be always 
ready for public inspection ; and consldei^atlons of taste and laudable 
pride should prompt the trustees to see that their official records and 
papers are In competent hands. It must be borne In mind that the 
person appointed treasurer cannot be either a member of the board 
of trustees or a school director ; should this rule of the law be vio- 
lated, such appointment would be void, (although the official records 
would not thereby be invalidated,) and another appointment must 
be made In conformity with the provisions of the act. In the ab- 
sence of the president or clerk, the persons filling those positions, 
for the time being, should be careful to sign all official papers and 
proceedings, as president or clerk '■'■pro tempore.''^ 

For any malfeasance or misfeasance In office, the president or 
clerk should be promptly removed by the board, as authorized by 
law. It Is the especial duty of the clerk to be regular and punc- 
tual in his attendance at every meeting of the board, and he 
should be chosen with reference to his ability to comply with the 
law In this respect. I would most earnestly call the attention of 
boards of township trustees to the necessity of providing good 
and well bound books, In which to record their official proceed- 
ings. Such books are to be paid for out of the school funds of 
the township, and failure to procure such as are suitable is there- 
fore entirely Inexcusable. 

§ 33. The first point to be noticed In this section, as amended, 
is the removal of the restriction Imposed by former legislation, 
relative to the minimum number of school districts, and the maxi- 
mum extent of the territory of each of such districts, within a given 
township. By an act passed February 22, 1861, and which was 
in force until the passage of this amendatory act, February 16, 
1865, It was provided that there should be at least two school 
districts In every organized township, otherwise the taxes levied 
therein for school purposes were Illegal and void. It was further 
provided In said act that no land, real estate or personal property 
could be legally taxed to build or repair a school-house, or to sup- 
port a free school, unless such realty or personalty lay within 
three miles of the proposed site of the house to be built, or within 
the same distance of the house to be repaired, or of the house or 
place where the school to be supported was actually kept. 



70 DISCUSSION OF AMENDMENTS. 

Under tlie operation of that act no township could be organized 
into a single district for school purposes, or, which was practically 
the same thing, no school taxes could be legally levied or collected 
in a township so organized ; and in like manner all townships 
which had previously been so organized, were obliged to re-organize 
in conformity with that act, in order to retain the necessary author- 
ity to levy and collect school taxes. As trustees are expressly 
authorized by this section, as amended, to lay off their respective 
townships "into one or more districts ;" and as the last section of 
the amendatory act under consideration repeals " all acts and parts 
of acts coming in conflict with the provisions of this act," it fol- 
lows that the prohibitory act of February 22, 1861, is repealed 
and void, being in direct conflict with the provisions of this sec- 
tion, as amended. 

The way is therefore open for the formation In each township 
of school districts of such territorial extent as may be deemed 
most convenient and beneficial, without reference to the number of 
miles that the boundaries of said districts may be from the school- 
house or school. The township trustees have discretion as to the 
number of districts that they will form ; it may be " one or more." 
If it is the desire of a majority of the inhabitants, and in accordance 
with their own judgment, to have but one school district in the town- 
ship, they may lawfully organize and constitute the entire township 
into a single school district. The principle applies both to the origi- 
nal organization of the districts of a township, and to subsequent 
changes in said districts ; that is, the trustees may establish but one 
district when they first establish any ; or they may consolidate into 
one district all the districts previously established in the township — 
they have the same discretion in both cases. 

In the practical exercise of the very important authority con- 
ferred by this amendment, trustees should be cautious and pru- 
dent, carefully considering the wishes and convenience of the 
people concerned, and acting with sole reference to the best inter- 
ests of the schools of the township regarded as a whole. While 
they should not hastily disturb existing district organizations, or 
for trivial causes, they should not hesitate to do so where it is 
clear that a better class of schools can be established, and the 
general educational interests of the township be better promoted 
by such a course. It is probably true that in the majority of 
townships it is best that there should be, under our present school 



DISCUSSION OF AMENDMENTS. 71 

system, several school districts, but It Is equally true that many 
instances exist in which the consolidation of all the districts of a 
township would be highly beneficial. 

Some of the very best school districts In the state have hereto- 
fore been so organized. One of the chief excellencies of such 
consolidation Is, that it at once makes practicable a system of 
grading, which is a fundamental condition of the best class of 
schools. It permits the establishment of a high school at or near 
the center, and of Intermediate and primary schools at convenient 
points throughout the township, thus forming a complete and 
efficient system of schools for the township. Nor Is It true, as Is 
supposed by some, that the burdens of taxation will fall unequally 
in the case of such large districts ; It is in fact simply the adoption, 
in such cases, of the township system of school districts — a sys- 
tem that can be proven to be immeasurably superior to any other, 
in all the essential elements of economy, simplicity and vigor. It 
sweeps away the numberless Irritations Incident to the changes of 
district boundaries — the additions and subtractions of territory — 
the alternate divisions and consolidations of districts. It reduces 
the number of corporations in each township, from a half score, or 
more, to one ; and abolishes a proportional amount of useless ma- 
chinery and unnecessary offices. It substitutes a uniform rate of 
taxation, for as many different rates as there are districts in the 
township. It requires the strong to help the weak, and the weak 
to help the strong, and so equalizes all burdens, and strengthens 
and invigorates the whole. While the property of the sparsely 
settled rural districts is taxed to build the costly house and to sup- 
port the expensive school of the populous center, or town, or vil- 
lage — the property of the latter is also taxed in the same ratio to 
meet the wants of the former. Each portion of the township has 
an interest In every other portion, and there can be no conflict of 
interests. The schools of the township are for all, open to all, and 
located with reference to the convenience of all. The children at- 
tend whatever school Is of the proper grade and most accessible. 
The whole school population of the township pass regularly forward 
through the primary, intermediate and grammar schools, on to the 
high school, and thus complete their course of common school 
training harmoniously, economically and successfully ; and that, 
too, at home, under the watchful care of their parents and friends — 
a blessing which cannot be estimated. 



72 DISCUSSION OF AMENDMENTS. 

For an amendment whicli brings these advantages within the 
reach of every township that chooses to have them, we cannot be 
too thankful. It will prove of inestimable value to all townships 
that will avail themselves of its privileges and make thorough 
trial of its benefits. The simple and comprehensive principle 
established by this amendment renders unnecessary nine-tenths 
of the special acts of ischool incorporation passed by every legis- 
lature, including many enacted by the late general assembly. 
When boards of trustees desire to exercise the discretion conferred 
by this amendment, it will only be necessary for them to change 
the map of their township to correspond with the consolidation of 
districts, or with the organization of the whole township Into one 
district, as the case may be, and file said map, so changed and duly 
certified, with the clerk of the county court. Township trustees 
cannot be too careful to see that all chano:e8 of district boundaries 
are promptly and accurately recorded by their treasurer, and re- 
ported to the county clerk. Inattention to this duty has caused 
much annoyance to county clerks, and often resulted in the loss to 
districts of the taxes necessary to carry on the schools. 

It will be observed that the language of the amendment re- 
specting the formation of school districts out of parts of two or 
more townships or fractional townships is, that the trustees of 
schools of the townships interested shall " concur " in the forma- 
tion of such distMcts. Prior to this amendment trustees were re- 
quired to " act in conjunction " in such cases. The language of 
the amendment is much more perspicuous, and fitly expresses 
what was undoubtedly the intention of the law, even prior to the 
change. Many have supposed that districts, composed of parts of 
two or more townships, could not be legally established unless the 
trustees of the respective townships literally acted in conjunction, 
i, e. met together, and in joint session consummated the organiza- 
tion of such districts. It will now be clearly understood that the 
concurrence only of the respective boards, is required ; the subject 
may be separately considered and acted upon by each board con- 
cerned, at their respective places of meeting, and, if the proposi- 
tion Is agreed to, or concurred In by each board, the requirements 
of the law are satisfied. The only restriction Is that such action 
must be had by the respective boards at a regular session. 

The remaining amendments to this section relate to the forma- 
tion of new districts, and the proper apportionment of school 



DISCUSSION OF AMENDMENTS. 78 

funds and property to the respective districts concerned. The 
first point to be noticed in this connection is the very important 
one, that hereafter no division of school funds or property is re- 
quired to be made unless an entire new district is organized. 
Heretofore such division was required when a portion of territory 
was detached from one district and joined to another, although no 
new district was thereby constituted. Hereafter no distribution 
of school funds or property will be required in such cases. It is 
believed that this provision is just and proper, and it is certain 
that it will prevent much difficulty and misunderstanding. It is 
just and equitable, because, when a portion of territory is cut oflf 
from one district and added to another, the district receiving 
such accession of territory is permanently benefited by such in- 
crease of its taxable property, and therefore has no just claim, in 
addition, to any share of the funds or value of the property re- 
maining in the other district ; while on the other hand, the district 
which surrenders a portion of its territory, is thereby permanently 
deprived of the benefit of the taxes formerly received from the 
taxable property so given up, and, as a partial equivalent for the 
loss, it is right that such district should be allowed to retain the 
funds or taxes that have accrued from the territory set off. Even 
with the present amendment the advantage is largely and perma- 
nently on the side of the district receiving the accession of 
territory, although the present rule of action is much more equit- 
able than the former one. These facts must be distinctly borne 
in mind, by the districts concerned, in all future transactions of 
this kind. 

New districts in organized townships can only be formed in 
three ways — first, by the division of one district into two or more 
districts ; second, by the formation of another district out of parts 
of two or more districts, and third, by the consolidation of two or 
more districts into one. In either of the two former cases the 
division of taxes and other funds is to be made upon the basis of 
the amount of taxes collected, on the property remaining in each 
district. But the school property, such as school-houses, etc., is 
to be appraised, and the value apportioned among the several 
claimants on the basis of the amount of taxable property remain- 
ing in each district after the formation of such new districts. The 
new law is very stringent in requiring a prompt division of funds 
and apportionment of the value of school property. The tax 



74 DISCUSSION OF AMENDMENTS. 

funds on hand are to be divided immediately, at the time the new 
district is formed ; such division is in fact to form a part of the 
official transactions connected vrith the organization of the new 
district. And all taxes or other funds, due and payable at the time 
of such new organization, but not yet received, must be divided 
without delay or default as soon as received. It is also the duty 
of the board or boards of trustees concerned, to appraise the school 
property at the time that a new district or districts are formed, 
and to apportion the appraised value thereof to the respective dis- 
tricts upon the basis required by law ; and to order their respective 
treasurers forthwith to place the several amounts, so apportioned, 
upon their books to the credit of the proper districts. The ap- 
praisal and apportionment of the estimated value of school prop- 
erty should, as I have just said, always be done at once — at the 
time the new district or districts are formed. By the provisions 
of the amendment it must be done within three months from the 
formation of such hew district. There is no need of much delay ; 
many difficulties result from deferring the adjustment of such 
accounts from year to year, and then setting up a claim to a dis- 
tributive share of the funds and property. The records of this 
office show this to have been a prolific source of misunderstanding 
and trouble. In some instances parties have presented their claims 
more than seven years subsequent to the formation of the new 
district. Happily this class of difficulties will be avoided in 
future ; parties must prefer their claims within three months, or 
be barred by law. These new provisions are prospective, of 
course, and not retroactive in their operation ; but I cannot too 
earnestly urgie the immediate adjustment of all outstanding claims 
of this character. 

In respect to the appraisal of school property, if the parties are 
satisfied to leave it to the board or boards of trustees concerned, 
there can be no objection ; but, if not, it is suggested that it be 
left to a board of arbitrators, one to be selected by each of the 
districts interested, and they two to select the third. The appor- 
tionment of the appraised value is to be in proportion to the 
amount of taxable property in each district concerned, which 
amount can be readily ascertained from the books of the assessor. 
It can hardly be necessary to point out in detail the method of 
procedure in such apportionment, but a simple illustration may not 
be amiss. If two districts are formed from one, and the amount of 



DISCUSSION OF AMENDMENTS. 75 

taxable property remaining in the district so formed is $10,000 and 
$15,000 respectively, and the appraised value of the school-house 
is i500, then the distributive share of the former is $200, and of 
the latter $300, and in the same manner for any other case. Let 
it be particularly noticed that as soon as the property is appraised 
and apportioned as aforesaid, it is the duty of the treasurer to 
charo-e the district retaining the school-house with the amount due 
the other district, and to credit the latter with the same. If the 
district retaining the school-house has not the means of paying over 
what is due the other district, the directors must take prompt meas- 
ures to discharge their indebtedness, by a tax or otherwise. Any 
new district, may of course, waive its claim to a distributive share 
of the common funds and property, but if not, and a claim is made, 
it must be promptly granted and satisfied as prescribed by law. 

The case of the consolidation of two or more districts into one 
requires no explanation ; the new district owns all the corporate 
property and funds of the several districts so united. 

§ 34. It will be seen that no material change has been made in 
this section. The rule of distribution of funds remains the same, 
viz : one-half in proportion to the number of persons in each dis- 
trict under twenty-one years of age, and the other half in propor- 
tion to the grand total number of days' attendance certified in the 
schedules. A different principle of distribution would doubtless 
be more equitable in some instances, but it is thought that no gen- 
eral rule would be upon the whole more just in its operation, or 
better subserve the two-fold purpose of protecting the weaker dis- 
tricts, and furnishing the necessary stimulus to a full attendance. 
The language of this section is much improved by the amendment, 
being more perspicuous, and omitting some sentences that were 
either superfluous or of doubtful meaning. It is not seen, for in- 
stance, why the township trustees should be required, as the old 
law provided, to direct the treasurer to pay over the district tax 
money on the order of the directors of the proper districts, since 
township treasurers are expressly required by other sections of the 
act to pay out all such funds when collected, on the orders of the 
boards of directors, by whom they were respectively levied. The 
trustees are only concerned with the distribution of other funds, 
upon the basis prescribed in this section, and they are further re- 
quired to see that each district is properly credited on the books of 



76 DISCUSSION or amendments. 

the treasurer with the amount so apportioned. When this is done 
the transaction is complete ; the directors of each district so cred- 
ited can draw on the treasurer for said amount or any part thereof 
at any time, and all such orders, when legally drawn, must be 
promptly honored by the treasurer. Further instructions on this 
subject will be found in the subsequent portion of this work. 

§ 35. This section is amended in several important particulars — 

1. While the rule of transfer remains, the permits are to be 
filed with the township treasurer, instead of the teacher as hereto- 
fore, and such permits are made to constitute the only conclusive 
evidence of consent. There is an obvious propriety in this change, 
since the township treasurer, having to pass upon the correctness 
of the schedules, is the proper repository of the official evidence 
of the regularity of transfers. The permits should be carefully 
filed and preserved by the treasurer for reference, and all parties 
concerned will take due notice that the schedules cannot hereafter 
be accepted as evidence of consent, in the absence of written ob- 
jection, as was heretofore allowed. The obtaining of the necessary 
permits can occasion but little trouble, and they are essential to 
the protection of both districts. If the advantages of the trans- 
fer are not deemed sufficient to balance the little time and care 
necessary to comply with the requirements of the law, parents 
cannot complain if their children are excluded. The teacher should, 
in all cases, be satisfied that a pupil from another district has been 
regularly transferred, before enrolling him as a member of school ; 
this precaution may save him much subsequent trouble. 

2. There was much ambiguity in this section prior to its amend- 
ment, in respect to the amount proper to be certified in each sched- 
ule, as due the teacher. Treasurers were instructed to pay the 
amount certified, while no rule was given by which that amount 
was to be computed, leaving directors and treasurers at no small 
loss how to proceed in the premises, and opening the door for actual 
injustice and wrong, should the parties be disposed to avail them- 
selves of it. All doubt upon this point is removed by the amend- 
ment, which declares that the amount certified in each separate 
schedule to be due shall be computed upon the basis of the total 
number of days' attendance of all the schedules. Thus, if a school 
is composed of scholars from three different districts, and the total 
days' attendance of each district is 300, 400 and 500 respectively, 



DISCUSSION OF AMENDMENTS. 77 

and the whole amount due the teacher is $120, then the amounts to 
be certified in the separate schedules are |30, $40, and $50 re- 
spectively. 

3. Perhaps no portion of the old law has been more variously 
interpreted, or occasioned more perplexity than that part of 
the thirty-fifth section which related to the manner of forming 
union districts. Especial difficulty was experienced as to the 
status of the separate boards of directors after the act of consoli- 
dation. All ambiguity is removed by the amendment, and the 
mode of procedure is simple, clear and explicit. Whenever the 
directors of two or more school districts are of opinion that the 
interests of their respective districts will be promoted by consoli- 
dation, it is only necessary that the proposition to consolidate 
should be approved or concurred in by a majority of each of said 
boards of directors. The proposal may be considered and adopted 
by each board separately, or in joint session, as they may elect. 
No district can be included in the act of consolidation without the 
consent of at least two of the directors thereof After the meas- 
ure is agreed to, the directors of the concurring^ districts will meet 
in joint session and appoint the union directors. The mode of 
appointment is not stated in the law, nor is it material. It may be 
by nomination and vote, or in any other fair and equitable manner. 
The new directors may be taken from the members of the old 
boards, or not, as may be deemed best ; but they should in all 
cases, if practicable, be taken from different parts of the union 
district, and not all from one part. When the union directors are 
chosen and appointed, it only remains for the old directors to 
draw up and sign the official instrument by which the transaction 
is consummated ; upon the delivery of which (or one of the same 
tenor), to the township trustees of the proper township or town- 
ships, the transaction will be legally consummated, and the union 
district fully and lawfully constituted.* 

Immediately upon the receipt of the proceedings and certificate 
of the constituent boards of directors as aforesaid, it will be the 
duty of the township board or board of trustees, to change the 
map of their township or townships, in conformity with said pro- 
ceedings, and to file the same with the clerk of their county 
court, and thereafter the district so formed will be known and rec- 

* See form of certificate under the head of Forms of School Instruments. 



78 DISCUSSION OF AMENDMENTS. 

ognized, under the name and style given to it in said official pro- 
ceedings, the same as other districts are known and recognized ; 
and said district will be entitled to all the rights and privileges, of 
every description, enjoyed by other districts. The directors, chosen 
and appointed as aforesaid, will, at their first meeting as such, 
draw lots for their respective terms pf office for one, two and three 
years, and will thereafter be elected as provided by law in the case 
of other directors. 

It will be observed that districts may be formed by consolidation, 
under the provisions of this section, at any time ; whereas all new 
districts established by order of township trustees must be formed 
at some regular session of said board of trustees ; and it will be 
further observed that the formation of such districts, provided the 
forms of law are complied with, is entirely independent of the 
township trustees, the latter having no right or authority to inter- 
fere with, or refuse their sanction to the legal acts of the constitu- 
ent ^oards of directors, in the formation of such districts ; their 
rights and duties in the case being confined to changing the map 
of their township, or causing the same to be done, and filing said 
new map with the county clerk. 

The provisions of this section, it will be noticed, are, in a sense, 
supplementary to those of the thirty-third section, authorizing 
changes in school districts to be made in certain cases by the di- 
rectors instead of the trustees, thereby meeting exigencies which 
may arise, where desirable changes could not be effected through 
the regular channels prescribed in section thirty-three. The di- 
rector drawing the shortest, or one-year term, will, in all cases, 
retire at the regular annual election of directors next succeeding 
the time of the formation of the union district. If, for example, a 
union board should be appointed in May of any year, the term of 
service of the member drawing for one year will expire at the fol- 
lowing August election, when a new director will be elected for 
the full three years' term. 

§ 86. It is the intention of the addition to this section to hold 
township officers to the same responsibility, in respect to the re- 
turn of statistical reports, as is imposed upon county superintend- 
ents, and to secure this end it is provided that neglect or failure 
to furnish such reports, in the manner and within the time required 
by law, shall work the forfeiture of the public school fund for the 



DISCUSSION OF AMENDMENTS. 79 

next ensuing year. The considerations presented in the remarks, 
under the seventeenth section of the act are equally applicable in 
this case, and need not be repeated. The amendment, as in the 
other case, is highly penal in its provisions, but there need not be, 
and I trust, will not be, any occasion to enforce them. It devolves 
upon county superintendents to see that the requirements of this 
amendment are complied with, and to withhold the funds in case 
of refusal, or willful neglect, on the part of township trustees and 
treasurers to discharge the plain duty required of them by law. 
The state superintendent is authorized to remit the forfeiture, as 
in the seventeenth section, upon being satisfied that the circum- 
stances are such as to entitle the parties thereto. 

§ 39. The last period of section thirty-nine, which relates to 
the consolidation and division of districts, and to the distribution 
and adjustment of the funds and property, is stricken out, because 
the provisions of said period are incorporated into section thirty- 
three, as amended, where they properly belong. No other change 
is made in this section. All of those provisions of the law which 
pertain to the formation, alteration, division and consolidation of 
school districts, (except as regards the formation of union dis- 
tricts,) are brought together by this amendment into one section, 
(33d,) instead of being dispersed through the act ; an arrange- 
ment that will greatly contribute to the convenience of reference. 

§ 42. The amendment to this section consists in the addition 
of provisions similar to those attached to the twenty-fifth section, 
and with the same end in view, viz : to guard against the conse- 
quences of the neglect or refusal of the proper oflficers to take the 
necessary steps to order regular or special elections. The same 
evils, that rendered such legislation necessary in the case of town- 
ship trustees, had existed in respect to the election of school di- 
rectors. Notwithstanding the law requires the immediate filling 
of all vacancies in district boards, whether caused by resignation, 
removal, or expiration of term of service, it is well known that 
this, in many cases, has not been done, and that vacancies have 
remained long unfilled, to the great detriment of the schools. 

Under this section, prior to the amendment, notices of all stated 
elections were required to be given by the directors, and of all 
special elections to fill vacancies, by the remaining director or di- 



80 DISCUSSION or amendments. 

rectors ; hence, if they failed or refused to act in the premises, 
there was no other mode by which such elections could be legally 
ordered. Hereafter, if notices of any regular or special election 
are not given by the directors at the time required by law, the 
duty of ordering such elections will devolve first upon township 
treasurers, and upon their failure or refusal, then upon county 
superintendents. If no election for directors is held on the first 
Monday of August, the township treasurer must, within ten days, 
order such election; and if, at the expiration of said ten days, 
such order is not issued by the township treasurer, the county 
superintendent must, within the next ten d'ays, order such election. 
The township treasurer or county superintendent may proceed to 
order district elections as provided by this amendment, upon the 
written information and request of any legal voter of any district 
in which default of holding such election has been made. All 
elections of directors must be held on some Monday. 

The directions above given, apply also to the ordering of elec- 
tions to fill vacancies, i. e., when a vacancy occurs from whatever 
cause, the remaining director or directors are required to order an 
election immediately to fill such vacancies. Upon their failure to 
do so, the township treasurer must give such order within ten 
days from the occurrence of such vacancy, and upon his default, 
such order must be issued by the county superintendent within 
the next ten days, as aforesaid, upon due information or request, 
as before mentioned. It is believed that this important point is 
now as effectually guarded as it can be by legislation, and that 
district elections cannot hereafter go by default, nor vacancies re- 
main long unfilled, except by the most unpardonable indifference 
and neglect upon the part of the citizens of the respective districts. 

§ ,44. County clerks have heretofore been subjected to much 
inconvenience, in consequence of having to deal with each sepa- 
rate board of directors of the county, instead of with the town- 
ship treasurers only, as is provided by this amendment. It is 
plain that the township treasurer is the proper person to whom 
such certificates should be delivered by directors. He stands at 
the head of the financial affairs of his township, and is the proper 
officer to whom the local district officers should report. He is, 
moreover, more accessible, and better acquainted with the condi- 
tion and circumstances of each district, than the county clerk, and 



DISCUSSION OF AMENDMENTS. • 81' 

can more reliably correct any clerical errors in the estimates and 
certificates of the directors. Not only the convenience of county 
clerks, but that also of the directors, as well as the certainty 
and reliability of the estimates and lists of resident tax-payers, 
will be greatly promoted by the changes made in this section 
of the law. The certificates of directors, with lists of tax-payers, 
must be delivered to the township treasurer on or before the 
first Monday of September ; and said certificates and lists, after 
being carefully examined, and all errors, if any, duly corrected, 
must be delivered by the township treasurer to the county clerk 
on or before the second Monday of September. School directors 
must be punctual to the time fixed by law, if they expect their 
estimates to be received. The township treasurer may reject any 
returns made to hi«i after the first Monday of September, just as 
the county clerk must decline to receive any estimates delivered 
to him after the second Monday in September. The amendment 
allows each township treasurer one week in which to examine, 
compai'e and correct the returns made to him, and deliver the same 
to the county clerk. 

This time is suflScient, if directors are punctual. The township 
treasurer must not be expected to incur the risk of failing to 
make timely returns to the county clerk by waiting beyond the 
time fixed by law, for the accommodation of tardy or careless di- 
rectors. They must see to it that no district loses the benefit of 
its special tax through any fault or remissness on their part. In 
order that county clerks may be furnished with the latest reliable 
data upon which to extend district taxes, the amendment further 
provides that whenever changes shall have been made in the 
boundaries of districts subsequent to the last preceding levy and 
extension of such taxes, it shall be the duty of township treasurers 
to prepare and return to the county clerk, with the certificates 
and lists aforesaid, new maps of their townships defining and 
showing such changes of district boundaries. This is a matter of 
great importance, for county clerks are governed by the last offi- 
cial township maps on file in their respective oflfices, and cannot be 
expected to take cognizance of changes which have never been 
reported to them. 

Township treasurers are enjoined to a careful compliance with 
the provision requiring lists of tax-payers to be alphabetically ar- 
ranged. This can easily be eflfected on their part, and is of the 
6 



82 . DISCUSSION OF AMENDMENTS. 

utmost convenience to county clerks, whose duties, in connexion 
•with district taxes, are very onerous, and every practicable facility 
should be aiForded them in the discharge of their duties, by district 
and township officers. It is believed that the amendments to this 
section will prove among the most acceptable and salutary of any 
embraced in the amendatory act. 

• § 47. This section is amended In three particulars — 

1. The first three periods of the section, as it formerly stood, are 
stricken out, said periods (which relate exclusively to the mode of 
proceeding with certificates of taxation and lists of tax-payers in 
the case of districts lying partly in two or more counties) having 
been transferred to and incorporated with the forty-fourth section 
of the act, as amended, where they more properly belong. 

2. By the amendment the sum that may be harrowed in any 
one year by the directors, upon a vote of the people, for purposes 
specified in this section, is increased from three per cent, to five 
per cent, of the taxable property of the district. 

3. In like manner the amount of tax that may be levied in any 
one year for said purposes is increased from two per cent, to three 
per cent, of said taxable property. It is presumed that the exi- 
gency will rarely arise when it will be deemed expedient to borrow 
and levy respectively in any one year the maximum amounts au- 
thorized by the amendment ; but as circumstances may occur when 
it will be desirable to do so, the legislature has wisely conferred 
the necessary authority. The check is that neither the amount 
specified in this section, nor any sum at all, can be either borrowed 
or levied without a vote of the people first obtained. Experience 
shows that interests of this nature may be safely left with the tax- 
payers, at least so far as any danger of inordinately large levies 
are concerned ; the difficulty, if any, usually lying In the opposite 
direction. The people, as a rule, are prudent and conservative, 
and little disposed to indiscreet or extravagant expenditures. On 
the other hand, it would seem to be in strict accordance with the 
theory and spirit of our institutions and laws, and of the principle 
of self-government, that where a community chooses voluntarily 
to make sacrifices for their children, and for the public good, and, 
of their free will to impose upon themselves burdens of taxation, 
even though excessive, they should not be restricted in their right 
to do so. 



DISCUSSION OF AMENDMENTS. . 83 

It will be observed that money may be borrowed, and taxes 
levied for the purposes, and upon the conditions and rates prescribed 
in this section, in the same year^ in order that provision for pay- 
ment may be made at the same time that the loan is effected. 
Should the highest rates be borrowed and levied in any one year, 
and a like rate of taxation be continued the next year, both prin- 
cipal and interest could be more than canceled and paid in two years. 
But while it may not unfrequently be expedient to borrow the 
maximum rate in a given year, it will very rarely be necessary 
or advisable to impose the maximum rate of taxation in any one 
year ; a light tax, one that shall be sufficient to meet the interest 
accruing on the sum borrowed, and gradually reduce the principal, 
is generally to be recommended. Notices of meetings to consider 
a vote upon questions arising under the provisions of this section 
must be given as provided by the act in the case of other district 
elections ; the question or questions to be decided being distinctly 
stated in said notices, and a majority of the votes cast at such elec 
tion being necessary to authorize the directors to act. 

§ 48. The most important amendment made to this section is 
that which fixes the minimum age at which children may be ad- 
mitted into the public schools, at six instead of five years as here- 
tofore. Such an amendment has long been desired, and will be 
hailed with profound satisfaction by every intelligent friend of 
common schools. 

The consequences of admitting children of the tender age of 
five years into the crowded public school-rooms of the state, have 
been regarded with sorrow and alarm. The records of this office 
show that not less than fifty thousand of these little ones have been 
annually subjected to the inevitable evils incident to their attend- 
ance upon the public schools. In my first report to the legislature, I 
briefly, but earnestly adverted to the subject, and invoked for it the 
kindly interposition of the law-making power of the state. Some 
will doubtless regard this change as unnecessary, or even as wrong 
and unjustly restrictive of the rights of parents, but it would be easy 
to show by incontrovertible facts that the evils connected with the 
admission of such young children far outweigh the advantages. If 
right ideas of the laws of health and growth, both of body and 
mind, were generally prevalent among teachers and school officers ; 
if those laws were strictly observed in selecting the subjects and 



84 DISCUSSION OF AMENDMENTS. 

methods of study ; in prescribing the number of school-houses 
and settling the length and frequency of recesses, and in the ar- 
rangement of the seats, desks and other fixtures of the school-room ; 
the reasons for increasing the minimum age of eligibility would 
lose much of their force. But these favorable conditions are, to a 
great extent, wanting. Right views on these vital points are the 
exception — wrong opinions and practices are the rule. No distinc- 
tion is generally made in school regulations between the oldest and 
the youngest pupils. The bodies and brain powers of the youngest 
and smallest are brought under the same restraints and pressure 
that are imposed upon the oldest and largest. No man can esti- 
mate the evils which follow in the train of so monstrous a disregard 
of the fundamental laws of our mental and physical being, and of 
the distinctions which should characterize each progressive stage 
of development. The amount of book knowledge gained in a year, 
in a large mixed public school, by an infant five years old, is of 
necessity very small ; while inroads upon health, the stifling of 
natural impulses, languishing, weariness and ultimate disgust with 
school and school duties, are the sad price that is paid for it. I 
repeat that no intelligent man can examine this subject, in the light 
of reason and of facts, without the deepest solicitude. 

Hereafter no pupil under the age of six years should be received 
into the public schools. The benefits of this change will be by no 
means confined to the little ones whom it debars for the time from 
the schools ; the remaining pupils and teachers will also gain much 
by the change — the former in receiving a larger share of attention, 
and the latter in being relieved from nursery duties, and thereby 
having more time to devote to educational duties. There is the 
double advantage of having fewer to instruct, and those of an age 
better fitted to receive and be benefited by the instruction given. 
The next important changes are embodied in the italicized words 
of the following clauses of the section : 

" They shall establish and keep in operation for at least six 
months in each year, and longer if practicable^ a sufficient number 
of free schools /or the proper accommodation, etc." 

These changes are Important, as showing the intention of the 
law in respect to the duration of schools, and the conveniences to 
be provided. It is a common supposition that the spirit as well 
as the letter of the law is satisfied with six months' school. This 
is an error The term of six months is to be regarded only as the 



DISCUSSION OF AMENDMENTS. 85 

mlniinimi, as the least duration that will satisfy the requirements 
of the law. The whole spirit of the act is to encourage the exten- 
sion of the terms of schools to a longer period, whenever the cir- 
cumstances of a district will permit it to be done. In short, while 
every district must have a free school for at least six months, it may 
have and it is the design of the law to encourage it to have, as 
great an extension as practicable beyond that terra. It is hoped 
that the time is not distant when the average duration of school 
terms will not be less than seven or eight months in each year. 

But the intention of the law in respect to the number and char- 
acter of school-houses, and their furniture and other fixtures, is 
also clearly shown by the above clause of the amendment. Ar- 
rangements must be made for the proper accommodation of all the 
school children of the district. It is as much the duty of school 
directors to provide suitable school-houses and enough of them, as 
it is to provide any school-houses at all. They are not to presume 
that it is immaterial whether their school-houses are properly fur- 
nished and equipped or not, provided only that the children of the 
district can in some manner be packed or stowed away in them. 
They are under solemn, legal and moral obligation to consult the 
health, comfort and convenience of the children, as well as their 
bare necessities, in all their school arrangements. They have no 
right to cr»wd fifty children into a house only large enough for 
thirty ; they have no right to outrage the laws of health in the 
construction and arrangement of seats, desks and other fixtures. 
The district school-houses of the state should be among the most 
pleasant and attractive buildings in the community, adapted in all 
respects, to the noble ends contemplated in their construction. If 
one school-house is not sufficient for the " proper accommodation " 
of all the children of the district, or is not sufficiently accessible 
to all, the directors must build another, and yet another if neces- 
sary ; and when a school-house ceases to be suitable, or becomes 
too small, they must enlarge and improve said house, or dispose of 
the same and erect another that shall conform to and fulfill the 
conditions prescribed by the act. 

Directors are also authorized by law to adopt and enforce all 
necessary rules and regulations for the management and govern- 
ment of the schools. The authority here conferred embraces 
whatever measures are necessary to secure regularity and punc- 
tuality of attendance, propriety and decorum of conduct in and 



86 DISCUSSION OF AMENDMENTS. 

about school buildings, prompt obedience to every lawful require- 
ment of the teacher, and whatever else they may deem essential 
to the maintenance of discipline and good order, and to the suc- 
cessful prosecution of study. The right of directors to make all 
such necessary rules and regulations, and to enforce compliance 
therewith, by suitable penalties, is clear and unquestionable. It 
is inherent in, and inseparable from their legal and official relation 
to the schools, and since the adoption and enforcement of salutary 
regulations is indispensable to the welfare and efficiency of the 
schools, it is not only their right, but their duty to make and en- 
force them ; and, in the exercise of this right and the performance 
of this duty, they cannot be interfered with or restricted, except 
for manifest abuse of powers granted by the act, or unwarrantable 
assumption of authority not conferred. 

Directors are also required to visit and inspect the schools of 
their district as often as practicable. This duty is too much ne^ 
lected. Unfounded complaints against the teachers, originating 
in malice, prejudice or idle rumors, could often be corrected at 
once if directors would visit the schools and see for themselves 
how they are governed and conducted. It Is only by frequent 
visitation that directors can keep themselves informed of the con- 
dition and wants of the schools, and allay misunderstandings and 
asperities as they arise. The occasional visit.of the Iggal guardi- 
ans of the schools is also a much needed and salutary encourage- 
ment to both teachers and scholars. It creates and maintains that 
mutual sympathy and confidence between teacher and directors, 
which are so essential to success. 

Directors are also authorized to direct what branches of study 
shall be taught, what text-books shall be used, and to suspend or 
expel pupils for disobedient, refractory or incorrigibly bad con- 
duct. Uniformity of text-books, in the schools of a district, is 
absolutely indispensable. Different books In the same branch of 
study should in no case be allowed. Such diversity renders clas- 
sification impossible ; and without classification there can be no 
successful teaching. In selecting text-books, directors will, of 
course avail themselves of, and be largely governed by, the su- 
perior judgment and experience of the teacher. But uniformity 
must be Insisted upon, and, when the best practicable selections 
are made, they should not be changed for light reasons. Frequent 
change of text-books is a serious expense and a source of much 



DISCUSSION OP AMENDMENTS. 87 

annoyance and irritation to parents and should be avoided. An 
inferior text-book in the hands of a good teacher is better than 
the most excellent in the hands of a poor one. Corroborative of 
the views already expressed relative to the disciplinary powers 
vested in directors, is the clause conferring upon them the right 
to suspend or expel pupils for disobedient or refractory conduct ; 
a right which they should not of course resort to except in ag- 
gravated cases ; but the exercise of which may become a clear 
duty from which they must not shrink. For the peace and har- 
mony of an entire school cannot be permitted to be disturbed, nor 
its purity to be contaminated, by the incorrigible conduct or bad 
example of a single scholar. 

The only remaining amendment to this section which it is nec- 
essary to notice, is that which authorizes the directors to select 
and locate school-house sites, in case the voters of the district fail 
to agree. It is presumed that they will rarely be called upon to 
exercise the discretion thus conferred, but exigences have arisen, 
and will undoubtedly continue to arise, when the exercise of the 
authority here conferred will be in the highest degree beneficial to 
the interests of the district ; and the wisdom of the legislature in 
providing for such contingencies cannot therefore be doubted. 

§ 50. I shall consider the provisions of this section, as amended, 
under the following heads : 

1. Examination of Teachers. — Perhaps the most difficult and 
responsible duty devolved by law upon county superintend- 
ents, is that of determining who shall be the teachers of our 
common schools. The county superintendent stands at the 
gateway of every public school in his county, and decides who 
shall, and who shall not enter. Upon the manner in which 
he scrutinizes the moral and intellectual credentials of the ap- 
plicant, depends the character of the school of which he is to 
become the teacher. Certificates are to be granted to those 
only who, upon due examination, are found to possess the quali- 
fications required by the act. The superintendent may, indeed 
delegate to others the examination of teachers, but he cannot 
delegate or alienate the just accountability to which the law holds 
Tiim for the manner in which the duty is performed. Whether 
the examination is in person, or by proxy, the responsibility 
of Kcensing none to teach but such as possess the character 



00 DISCUSSION or AMENDMENTS. 

and attainments prescribed by law, rests upon and abides 
with the county superintendent. He can in no way delegate 
or shake off that responsibility — it follows him, and attaches 
to him, irrevocably, and holds him sternly accountable for 
the consequences of his "action. If he appoints examiners, he 
must know that they are competent and faithful ; if he con- 
ducts the examination personally, he must be patient and 
thorough ; in either case, and under all circumstances, he 
should realize that he will be arraigned at the bar of the 
law, of public opinion, and of conscience, for willful neglect 
of duty. Every certificate issued to one who is unworthy, 
either mentally or morally, to receive it, is not only a vio- 
lation of law, but is a direct blow at the heart of our com- 
mon schools. Such a certificate is an ofiS.cial license, not to 
elevate and bless, but to injure and degrade, and it may be 
to contaminate and curse the schools and the community. 
Good schools cannot be taught by incompetent teachers; the 
moral atmosphere of the schools cannot be kept pure by pro- 
fane or irreverent teachers. If an " undevout astronomer is 
mad," an atheistic and immoral instructor of youth is a mon- 
ster. It is by no means a self-evident truth that poor schools 
are better than none; they may be so poor as to be a great 
deal worse than none. It is truly lamentable that the num- 
ber of thoroughly qualified te ichers is so small ; and yet the 
supply of such is not so muclj less than the demand, as many 
seem to suppose. Teachers of at least fair abilities are usually 
to be had, if called for, and a reasonable compensation is 
offered. The saddest fact is that such teachers are in so little 
demand. County superintendents can do much to correct this 
state of things, and I call upon them to do so, by insisting, to 
every reasonable and practicable extent, upon the full measure 
of ability demanded by the law. They should strive to con- 
vince school oflScers and parents how difficult it is to eradicate 
wrong habits of study, carelessness and inattention, false ideas 
of facts and principles, from the tenacious and imitative minds 
of children, when once implanted by sciolists and smatterers 
and pretenders in the great art of teaching ; and that it is far 
better to wait till a good and safe teacher can be procured, 
though at a greater cost, than to accept the services of any 
other, at any price. I^ot more difficult is it to bring back the 



DISCUSSION OP AMENDMENTS. 89 

gnarled and distorted oak to symmetry and beauty again, than 
to remedy the eftects of a false and distorted early culture. 
By all the interests of the present generation and the hopes of 
the future ; by tha priceless value of a true education, and the 
hopeless mischief of a false one, let county superintendents 
see to it that they prove not recreant to the high trust reposed 
in them in the examination of teachers. Let none of doubt- 
ful competency be appointed examiners. Practical teachers, 
or other experienced educational men, should be chosen for 
that duty if the superintendent is unable to attend to all him- 
self; and the extent and thoroughness of the examination 
should not be left to chance or caprice, but should be deter- 
mined beforehand, and a definite system of marking and just 
standard of excellence should be agreed upon, so that the 
records of the examination may enable the superintendent to 
decide upon the merits of the candidate before granting the 
certificate. A part of the examination should also be written, 
in which case an inspection of that portion of the candidate's 
work will greatly assist the county superintendent in forming 
a correct judgment of the mental habits and proficiency of the 
candidate. 

In an experience of four years as county superintendent, I 
found it best to combine the two methods of examination, oral 
and written. Each has its advantages ; methods of teaching, 
skill in expedients, aptness in illustration, etc., can be best 
brought out by the oral method; while habits of thinking and 
modes of reasoning, proofs of discipline and accuracy, ac- 
quaintance with principles, and general availability of knowl- 
edge, etc., are best shown by the written method. As a gen- 
eral rule, the poorer the attainments of the applicant, the longer 
it will take to examine him, and vice versa. The reason of this 
is obvious ; there are, as is well known to qualified examiners, 
certain comprehensive questions that may be framed in rela- 
tion to each of the branches mentioned in the law, upon the 
manner of answering which, the kind and degree of the can- 
didate's proficiency may be very correctly determined. If 
these are answered in a prompt, methodical, and scholarly 
manner, such answers necessarily imjply a thoroughness of 
training, and a mastery of princi]3les, that justify a compara- 
tively brief examination of details. But if test questions of 



90 DISCUSSION OF AMENDMENTS. 

this character are not so answered, a protracted examination 
upon minor points is usually necessary ; for it is by no means 
safe or just to conclude that a certificate is to be refused be- 
cause the applicant is not versed in the laws of generalization, 
or in the nicer processes of scientific analysis, transcendently 
important as the latter are. A person may be found worthy 
of licensure, upon a fair estimate of average ability in the de- 
tails of each branch, in connection with good teaching powers, 
sens(i and tact, personal and social qualities, etc., who would 
fail if tried by other and severer tests. The aim of the su- 
perintendent should be to do justice alike to every candidate, 
to the law, and to himself. 

I would earnestly impress upon county superintendents a 
sense of the vital importance, and of the delicacy and difii- 
culty of their duties in connection with the examination of 
teachers. This duty must not be done hurriedly and superfi- 
cially, but patiently, fairly and searchingly. It requires time; 
it cannot be done in a few minutes, rarely in less than several 
hours. But be the time required in an}^ given case, more or 
less, take all the time that is necessary to a faithful and thorough 
performance of the work. It is in this way only that justice 
can be done to all, the intention of the law fulfilled, and 
the grade of qualifications be improved. Let examinations 
be so conducted that the ignorant and conceited shall have a 
wholesome dread of them ; while the modest and deserving, 
on the other hand, shall be assured that no injustice will be 
done them. 

It is the positive duty of the superintendent to know that 
none but the qualified receive certificates. The fact that a 
teacher already has one, or ten certificates, from other county 
superintendents, does not constitute such knowledge by any 
means. True, it should, but it does not ; it is presumptive 
only, not conclusive. The qualifications of not a few teachers 
have proved, upon thorough examination, to be in inverse 
ratio to the number of former certificates held by them. A 
familiar maxim of the law must be reversed in the case of can- 
didates for licenses to teach — they are to be presumed incompe- 
tent, until the contrary is proved. In the light of these consid- 
erations it will not be necessary to characterize the practice, 
should such exist, of granting certificates, by letter, to parties 



DISCUSSION OF AMENDMENTS. 91 

wholly unknown to the county superintendent, upon the mere 
request or recommendation of third parties, equally unknown 
to him. To say that such conduct is wrong — all wrong— is 
no name for it. Nor is it to be understood that certificates 
may be so granted when both parties, the applicant and the 
person recommending him, are well and favorably known to 
the county superintendent ; in no such way can the letter or 
spirit of the law be fulfilled, which requires that certificates 
shall only be issued to such teachers as shall, ^'upon due exami- 
nation by himself or a board of examiners by him appointed, 
be found to possess the necessary qualifications." To grant 
certificates by letter, without seeing the candidate, is not only 
to decide in favor of the applicant without ^^due examination," 
but without any examination at all — such certificates are 
issued not to persons ^^ found to possess," but to those who are 
unwarrantably presumed to possess the necessary qualifications. 
It substitutes unauthorized presumption for the definite and 
positive personal knowledge required by law. A teacher's 
certificate is not an unmeaning form, but an authoritative 
declaration by the county superintendent, that the holder is 
worthy of the Qonfidence of school directors, parents, and the 
public. It is, in many instances, the only protection or safe- 
guard of employers and the public against imposition, and 
hence the reputation of the superintendent, and the public 
welfare, are alike concerned in seeing that the manner and 
circumstances of the issue are above suspicion. 

2. Grades of Certificates. — By the amendments to this sec- 
tion the grades of certificates authorized to be issued by county 
superintendents, are reduced from three to two ; each being 
valid in any district of the county for the terms of one or two 
years, respectively. The third grade, good for six months, in 
a given district only, is abolished. The purpose for which 
that grade was originally established having been subserved, 
it is meet and proper that it should now be dispensed with. 
It was resorted to at filrst with reluctance, and with misgivings 
as to its expediency. It was created to meet a state of things 
which it Avas hoped would not long continue, and was never 
designed to be permanent. Whatever differences of opinion 
may have existed among enlightened educators as to the good 
or ill effect of the third grade heretofore, the sentiment in fa- 



92 DISCUSSION OF AMENDMENTS. 

vor of the change in the law by which it is now discarded is, 
so far as I am informed, very unanimous. It cannot be denied 
that, notwithstanding the end souglit by the legislature, in. 
allowing the six months' certificate, was good, its practical 
effect in many instances was very detrimental. It seems to 
have been regarded by many county superintendents as a con- 
venient asylum provided by law for the benefit of disappointed 
applicants for higher honors ; to soothe their feelings and 
mitigate the chagrin of a total failure ; and hence scores of 
men and women have found refuge in the third grade certifi- 
cate, who should have been summarily rejected, and who, but 
for such a dernier resort, would have been rejected, to the 
great gain of the schools, of which, by a mistaken clemency, they 
were permitted to become the teachers. "Whatever influence 
the prospective gain or loss of the fee for a certificate may 
have exercised in such cases, is now happily removed by the 
wiser provisions of the act as amended — the compensation of 
the superintendent for the time spent in the examination of 
teachers being not only enhanced, but being entirely inde- 
pendent of the success or failure of the applicant. From 
whatever point the change is regarded, it is believed that its 
effect upon the schools, and upon the standard of qualifications 
of teachers, will be salutary. 

There can be no doubt at all that the district schools of the 
state can be supplied with teachers possessing the qualifica- 
tions demanded by the law as revised ; and if in rare cases it 
should seem otherwise, it will still be far better to meet such 
special exigencies by granting a second grade certificate under 
a liberal construction of the law, than to continue the exist- 
ence of a provision that operates as a perpetual invitation to 
incompetency. As before remarked, the true difliculty is not 
so much that teachers capable of sustaining the examination 
now required by law are not to be obtained, as that, through 
mistaken ideas of economy, and erroneous views of the na- 
ture of education, and of the qualifications essential in a good 
teacher, school directors are disposed to be satisfied with cheap 
teachers and low attainments ; not realizing that poor teachers 
and schools are in fact in the long run inevitably the most 
costly, because the true work of education cannot be per- 
formed by such teachers and in such schools, and must there- 



DISCUSSION OP AMENDMENTS. 93 

fore sooner or later be done over aj^ain, if it is ever effectually 
done at all. While, therefore, these mistaken views and ten- 
dencies exist, and the law itself opens the door for the accom- 
modation of school directors who entertain them by providing 
for licensure of those not properly qualified, it is obvious that 
the effect must be to exclude from the schools teachers of a 
higher grade of attainments. It is well, therefore, that the 
law itself should interpose to check this downward tendency, 
and necessitate the employment of a better order of teachers 
by limiting the grades, raising the standard, and thereby ex- 
cluding the notoriously incompetent. In a word, recognizing 
the fact that so long as poor and cheap teachers can lawfully 
be employed, such teachers will continue to be in demand, the 
amendment strikes at the root of the evil, by declaring, so far 
as legislation can, that hereafter the competent and qualified 
only shall be admitted to license ; thus anticipating the slow 
growth of public sentiment in some quarters, and forcing a 
demand for an order of teachers which might not otherwise 
have existed for years. It remains for county superintendents 
to secure, by their faithfulness and firmness, the good points 
which this reduction of grades is intended to promote. 

Since the different grades of teachers' certificates must be 
based, not upon an examination in different branches of study, 
but upon different degrees of excellence in the same branches, 
it becomes a task of no little difficulty to indicate with any 
degree of minuteness or accuracy the extent and character of 
the examination that should be required for each of the sev- 
eral grades. It must be left mainly to the wisdom and judg- 
ment of the superintendents. But it is very desirable to have 
the greatest practicable uniformity in the standard of award 
for each grade, and to this end the following general outline of 
principles is respectfully suggested, for the guidance of super- 
intendents and examiners : 

First Grade. — The candidate for this grade should be able 
to sustain a thorough and critical examination upon all the 
subjects named in the act. They are but few. It would seem 
that less could not be required of a person who aspires to a 
first grade certificate than a thorough acquaintance with these 
few. But this thoroughness is shown, not alone, nor indeed 
principally, by mere technical knowledge. It should be the 



9^4 DISCUSSION OP AMENDMENTS. 

aim to make the examination philosophical — so to frame the 
questions as to elicit the applicant's knowledge of governing 
principles, rather than unimportant details ; to test his acquaint- 
ance with the general truths, the broad outlines of a subject, 
rather than isolated facts and barren statistics. Thus, in 
geography, for example: the relation of the earth to the solar 
system; the causes of day and night and of the seasons; the 
elements of mathematical and physical geography, such as the 
direction of the principal mountain ranges, the water courses, 
the drainage and contour of continents, the oceanic currents, 
etc. ; a clear and general view of the geography of the whole 
world, and an accurate knowledge of that of the United States, 
should be deemed of more importance than the population of 
some obscure town in South America, or the length of a tenth- 
class river in Africa. In history: a clear and intelligent state- 
ment of the causes which led to the war of 1812, should be infi- 
nitely more satisfactory than the precise number of killed and 
wounded at the battle of New Orleans. In arithmetic : a lucid 
explanation of the principles of decimals, or a ready and ac- 
curate analysis and demonstration of the rules for taking the 
second and third roots of numbers, would establish a claim to 
scholarship in that science, which the failure to answer some 
mere technical question or a chance error in the performance 
of a given example, could not seriously impair. In grammar: 
it is of vastly more importance that the applicant show a 
familiarity with sentential structure, and especially with the 
history and development of the English language, than that 
he be able merely to parse a given word according to gram- 
matical formula. These instances, selected at random, will 
serve to indicate the general character of the examination, 
and what is meant by the investigation of principles instead 
of details. Not that technical knowledge and accuracy of 
details are unimportant, by any means, but simply that a gen- 
eral knowledge of causes and principles and laws is more im- 
portant. Especial inquiry should also be made as to the can- 
didate's 'peculiar aptitude in communicating knowledge, and ability 
to make it clear to the pupil by lucid explanations, and prompt 
and pertinent illustrations. In determining the claims of the 
candidate for this grade, it would also be proper to regard 
certain points, upon which, from the nature of the case, there 



DISCUSSION OF AMENDMENTS. 95 

can be no formal examination, but the importance of which 
cannot be questioned. Such as precision and clearness of 
utterance, propriety and purity of diction, refinement of 
manner, genuine dignity of character and bearing, earnestness, 
conscientiousness and high-toned morality. It is thought that, 
in examinations of this character, far too much stress is ordi- 
narily laid upon the value of mere scholarship. The technical 
and scientific acquirements of the candidate must indeed be 
respectable, but it is sincerely believed that the considerations 
just referred to have a more important bearing upon the ques- 
tion of the real fitness and highest success of the teacher, than 
perfection of scholastic attainments alone. 

Second Grrade. — To secure this, the candidate should exhibit 
a fair knowledge of all the branches required by law, but the 
examination may be conducted in a more technical form, with 
less reference to comprehensive, philosophical principles, and 
less rigor of scrutiny into the general qualifications enumer- 
ated above, as necessary for the first grade. 

County superintendents can more easily apprehend the dis- 
tinction to be observed in the line of examination for each 
grade respectively, than I can define it in terms. Suflice it to 
say that the examination for the second grade may be con- 
ducted more in accordance with the routine of the books; it 
may deal more with specific details and less with fundamental 
principles than would be proper for the first grade: Thus, in 
orthography, approved ability in spelling should be accepted 
though not accompanied by that knowledge of the powers and 
classification of letters, the generic rules of orthography, and 
the acquaintance with phonic analysis which should be de- 
manded in the first grade. Again : in reading, proficiency in 
the art rather than in the science should be required for this 
grade. If the candidate is able to read any ordinary piece at 
sight with a reasonable degree of intelligence, force and ex- 
pression, it may properly be accepted, though he may not be 
versed in the higher principles of rhetoric nor the subtler 
laws of utterance ; and so of each of the other branches. In 
brief, the examination for this grade may be confined more 
to facts and extend less to principles; it may deal more with 
practical ability in specific directions, and less with theory and 
abstract investigation. 



96 DISCUSSION or amendments. 

I am aware of the indefiniteness of these suggestions, but 
nothing more specific seems practicable in view of the ex- 
treme diversity of circumstances under which they will be in- 
terpreted and applied. A fixed standard of examination for 
each grade could not be carried out. A criterion that might 
be sustained in one county or section of the state, would prove 
too severe for another county or portion of the state. A rule 
that would easily admit teachers enough for the whole of one 
locality, would effectually exclude those of another. There 
are irreconcilable differences in the ability and fidelity of su- 
perintendents ; in the sentiments of the people, and in the 
number and competency of candidates. In these circum- 
stances I can only outline, as clearly as possible, the general 
principles that ought to govern in the examination for the re- 
spective grades, leaving much, of necessity, to the intelligence 
and discrimination of the superintendents. 

The general eflfect of the system of grading in elevating the 
standard of qualification, does not depend, so much as might 
be supposed, upon having an absolute rule of examination and 
award. Because while superintendents may differ widely as 
to what shall constitute fitness for the first grade, they will 
be substantially agreed as to the intervals between it and the 
subordinate grade, or the relation that each inferior grade 
shall bear to the maximum standard which each superintend- 
ent adopts for his guidance. Thus the spur of emulation will 
be nearly as effective in the one case as in the other. 

This duty of licensing men and women to be the teachers 
and guides of our children — to sustain to them relations 
scarcely less intimate and controlling than those of parents 
themselves, for several months in the year, and for several of 
the most critical and formative years of their lives, is one of 
paramount importance and responsibility ; one requiring great 
judgment and prudence, nice discrimination, honesty and 
faithfulness. It should always be performed with a sincere 
regard to the magnitude of the interests involved, and a pro- 
found sense oi just moral accountability for the consequences of 
haste, indiscretion and thoughtlessness. The careless flip- 
pancy, the indecent haste, the indifiference, the recklessness 
even, with which these most serious matters are often disposed 
of, are sad indeed. It is lamentable to think that an intelligent 



DISCUSSION OF AMENDMENTS. 97 

people can commit such interests to such unworthy hands as 
they often do. Superintendents cannot be too firm in resisting 
the importunities of candidates for certificates of high grade, 
when not clearly satisfied that such grade is deserved. The ex- 
amination and not the wishes, friendship, relationship, or pecuni- 
ary circumstances of the applicant, is the inexorable rule of the 
law, and by this the superintendent must, if he does his duty, 
be governed, with uncompromising fidelity. It is no real 
kindness to a teacher, to give him a certificate above the grade 
of his actual attainments and qualifications, while on the other 
hand, it is in violation of law, and utterly subversive of the 
ends contemplated in the provision for different grades — 
namely, the elevation of the standard of qualifications and a 
just discrimination between the better and poorer qualified. 
A candidate who is fit to receive any certificate, loill not ask or 
take one of a higher grade than he is found to be honestly en- 
titled to. Such a man will be willing to begin where his 
competency is unquestionable, and bravely strive to earn a, 
higher grade. 

Among the conditions required by law is "good moral char- 
acter." Let this not be a mere form, to be practically ignored 
or lightly slurred over. It is a peremptory demand of the law, 
of the schools, and of society, and should be inquired into by 
the superintendent, where the applicant is unknown to him, 
with no less rigor of scrutiny than that exercised in ascertain- 
ing his fitness in other respects. The question of character 
should always be the first considered, and until it is satisfac- 
torily disposed of, the superintendent should refuse to go a 
step further. Great mistakes have been made in this matter. 
Moral monsters have been quartered upon unsuspecting dis- 
tricts, the contamination and havoc of whose example and 
influence cannot be thought of without a shudder. It is dif- 
ficult, if not impossible, to know in some cases, that the 
candidate is worthy in this respect. But for this very reason, 
because it is so difficult, and because the consequences of seri- 
ous error here are so fearful, the greater care is needed. 

But little change is made in the record of the examinations 

required to be kept by county superintendents. The chief 

point to be noticed is that a separate record is to be kept of 

male and female teachers examined; the law requires no 

7 



98 DISCUSSION or amendments. 

record of such as fail to receive certificates. The record here 
required is of much importance, and may prove of inestimable 
value for future reference. County superintendents are en- 
joined to a faithful performance of this duty, and to see that 
the record is kept in a well bound book, properly ruled and 
headed for the purpose. The form given in the act is very 
simple, and it will require but very little time to make the 
necessary entries. To insure accuracy a proper memorandum 
should be made immediately after the results of each exami- 
nation are determined. 

3. State Certificates. — By this section as amended a very im- 
portant change is made in the manner of granting state cer- 
tificates. Heretofore it was competent for the state superin- 
tendent to grant such certificates at his individual option, if 
he thought proper so to exercise the authority vested in him 
by law. By the change, " state certificates shall only be 
granted upon public examination, of which due notice shall 
be given, in such branches and upon such terms and by such 
examiners, as the state superintendent, and the principal of 
the normal university, may prescribe." 

The object of this modification is to invest the issue of the 
highest professional diploma known to the law, with such as- 
surances of fairness and impartiality, and such safeguards 
against the possibility of abuse as shall challenge the respect 
and secure the confidence of the profession and the public. 
There is a manifest propriety in associating the head of the 
normal university with the practical development of this fea- 
ture of the school law, since he is placed at the head of the 
state institution for the training of teachers, and is therefore 
identified with whatever has for its object the promotion of a 
professional spirit in the great body of teachers and the recog- 
nition of their claim to the rank of a profession. The best 
results are anticipated under the operation of these modified 
provisions of this important feature of the system. 

4. English Schools contemplated hy the Act. — This section as 
amended is expressly declarative of the kind of schools author- 
ized to be established under the act. Every school so estab- 
lished must be for instruction in the various branches of an 
English education, and no school funds can be appropriated 
under this act for any other class or description of schools. 



DISCUSSION OF AMENDMENTS. 99 

These declarations are unmistakable and emphatic; they in- 
dicate the true American idea of public education, which is 
not to foster and continue diflerences of dialect and nation- 
ality, but to break down all such distinctions, to blend and fuse 
all the elements of our population into one homogeneous 
whole, and to mould all our youth in harmonious unity, upon 
the broad basis of a common nationality. Hence the educa- 
tion to be given in our schools must not be German or French, 
but English; English ideas are to pervade and animate it 
through and through. The eye of our legislators, in framing 
this noble system, was upon the future as well as the present; 
the grand idea was before them of preparing the thousands 
that should come among us from year to year, for the high 
duties of American citizenship. 

The idea of the law is, that the common medium of com- 
munication shall be the English language and no other. N"o 
matter what the nationalities or languages of the pupils may 
be, the instructions of the teachers must be imparted through 
the English language and no other. .A departure from this 
rule works the forfeiture of the public funds by the express 
terms of the law itself. 

But, lest the foregoing provisions should be misunderstood 
or misapplied, this section closes with the proviso, that noth- 
ing therein contained shall prevent the teaching in common 
schools of other and higher branches than those specified. By 
this proviso all necessary latitude is given for the introduction 
into our comrnon schools of such additional or higher branches, 
whether of language or mathematics, etc., as may, in given 
circumstances, be deemed advisable. It will thus be seen that 
while the German and other foreign languages cannot be made 
the teaching language, or medium of communication in our 
schools, yet they may be introduced and taught to any neces- 
sary extent through the medium of the English; the same as 
the Latin, or Greek, or other additional branches are taught; 
and so far from intending to discountenance the teaching in 
our public schools of modern languages, especially the grand, 
rich old German tongue, I would earnestly encourage the 
teaching of that language whenever circumstances will admit, 
and expediency recommend the same to be done. In like 
manner, under the wise and liberal provisions of this section, 



100 DISCUSSION OF AMENDMENTS. 

high schools may be established in connection with, and as a 
part of our system of public schools, with a course of instruc- 
tion as extended and varied as the best interests of the com- 
munity may require. 

§ 51. By this section, as amended, it is made the duty of 
county superintendents to hold at least four public examina- 
tions annually, for teachers desiring certificates, on such days 
and at such difi"erent points in their respective counties as will, 
in their estimation, best accommodate those concerned. It is 
not meant by the term "quarterly," that the four public ex- 
aminations should be held successively at the precise interval 
of three months. The intention of the law is simply to re- 
quire that there shall not be less than four public examinations 
in each year ; the precise time of each being left to the dis- 
cretion of the county superintendent, having in view the 
convenience and accommodation of the largest number of 
teachers. It is plain, from the language of the law, that in 
all large counties, more than one place should be designated 
for the holding of such examinations ; they are to be held "on 
such days and at such places in their respective counties as 
will, etc." The superintendents of large counties should not 
require the attendance of all applicants for certificates at the 
county seat, or wherever their respective offices may be ; this 
would, in many instances, impose an unreasonable burden of 
time and expense upon candidates. It must be noticed that 
the convenience of the greatest number of persons desiring 
examination, and not the convenience of the county superin- 
tendents, is the rule which should govern in the designation 
of times and places. Superintendents receive compensation 
for the services required by this section, and they must, if 
necessary, subordinate their own convenience to that of the 
teachers of the county. Under a former section, county su- 
perintendents are authorized to delegate the authority vested 
in them for the examination of teachers to a board of exam- 
iners, to be by them appointed. While the appointment of 
such examiners in some instances, as in the case of large and 
populous counties, etc., may be necessary, yet this important 
duty should, as far as possible, be performed by the superin- 
tendent in person. There can be no objection to having 



DISCUSSION OF AMENDMENTS. 101 

experienced educational men present at the examinations, nor 
to their assisting superintendents in their duties on such occa- 
sions ; on the contrary, the presence and co-operation of such 
persons is desirable. But what I would earnestly urge is that 
county superintendents should themselves always be present, 
and superintend the examination of teachers. The object of 
the law in requiring a certain number of public examinations, 
is primarily, that teachers, and all others interested, may have 
due and timely notice of the times and places where such 
meetings will be held, that they may make their arrangements 
and govern themselves accordingly. Others beside the candi- 
dates have an interest in such examinations, and may desire 
to attend them. This is particularly true of the directors and 
citizens of the particular districts where the applicants may 
propose to teach, in order that they may see and hear for 
themselves, and be thereby the better enabled to judge of the 
abilities and qualifications of the persons whom they propose 
to employ. The four examinations required by law must 
therefore be strictly public — open to all who may choose to at- 
tend. It is, however, to be distinctly understood that the 
number of public examinations that may be held is not lim- 
ited to four ; that is merely the minimum number required by 
law. Superintendents may hold as many more public exami- 
nations as they choose; they may hold them monthly, or even 
oftener, if deemed expedient ; or they may insist that all ex- 
aminations held by them shall be open and public, if in their 
estimation, the best interests of education would thereby be 
promoted. 

On the other hand, it is not to be understood that private 
examinations of teachers are meant to be interdicted by this 
section as amended. Special cases or emergencies may occur 
when private examinations should be granted. But while the 
liberty of private examinations is not withdrawn by the 
amendment, it is recommended that all examinations be pub- 
lic, unless very good reasons exist in favor of a contrary 
course. Many strong considerations might be urged in favor 
of this recommendation. It is well known to the experienced, 
that public examinations are in almost all cases more thorough, 
impartial and satisfactory than private ones. The superin- 
tendent himself is less liable to be affected by feelings of sym- 



102 DISCUSSION OF AMENDMENTS. 

patby ; and in case of marked disparity in the attainments of 
the respective candidates, those sustaining the poorest exami- 
nation will themselves be able to compare their attainments 
with those of the remainder of the class, and thus, in case of 
failure to obtain a certificate, will the more readily acquiesce 
in the decision of the superintendent, seeing the ground upon 
which it is based. Another consideration in favor of public 
examinations is found in the fact that it effectually prevents 
charges of favoritism or partiality, which are sometimes 
brought against superintendents, however groundless or un- 
just such charges may be. 

Il^otices of all public examinations must be given for a suffi- 
cient length of time, by publication in at least one newspaper 
of general circulation in the county. In counties having no 
local newspaper, the intention of the law would be satisfied by 
giving such notices through the medium of handbills, posters, 
or circulars, to be generally distributed throughout the county. 
The expense of such publication, in whatever form made, is 
to be paid out of the school fund. 

The fee for teachers' certificates is abolished. The exaction 
of a fee from a teacher for his certificate has always been re- 
garded as wrong in principle and bad in effect; wrong in 
principle, because if any fee is allowed it should not be paid 
by the teacher; and bad in its influence, because it brings to 
bear upon the superintendent motives to a favorable judgment 
of the candidate's qualifications from which that officer should 
be wholly exempt. Under the law, prior to its amendment, it 
was hard for the best and most upright county superintendents 
in the state, not to be afifected to some extent, consciously or un- 
consciousl}^ by considerations of the pecuniary consequences 
to them of the success or failure of the candidate; and even 
where the superintendent was absolutely free from the slightest 
bias of that kind, it was not unfrequently difficult or impos- 
sible to convince the public of that fact. In every aspect of 
it, therefore, whether we regard what is due to the teacher or 
the independence and freedom of the examiner, the amend- 
ment is a good one; coupled as it is with the more liberal 
policy, adopted in another part of the act, in respect to the 
compensation of the superintendent. The prohibition as to 
fees applies to all certificates, whether granted at public or 



DISCUSSION OF AMENDMENTS. 103 

private examinations. It is the duty of county superintendents 
to keep on hand a supply of blank certificates, to be filled out 
from time to time as required; and the cost of such blanks 
may be paid out of the school fund. 

It is a singular omission of the law that it makes no provision 
for an office for the county superintendent. The position 
of superintendent is an important one, and yearly becoming 
more so; his business, educational, financial and general, is 
very extensive, bringing him into official relations M^ith many 
persons from all parts of the county; and yet his pay has been 
80 meagre that, in the absence of any legal provisions on the 
subject, he has been compelled to keep his records, receive 
visitors, and transact all his official business at his private 
residence, or such other casual place as he was able to pro- 
cure. It is true that, in some counties, rooms have been 
furnished in the court-house or other public buildings free of 
expense, but as a general rule no such accommodation has 
been extended to him, and he has been obliged to get along 
as best he could. Not only has this state of things subjected 
the county superintendent and his family and the public to 
great inconvenience, but it has also, in many instances, im- 
periled the safety of the notes, bonds, mortgages and other 
evidences of indebtedness, together with valuable papers and 
records of which the county superintendent is the legal custo- 
dian. This state of things could not have been contemplated 
or intended by the legislature. The office of county superin- 
tendent should be as well known, and as accessible to the 
public, as that of any other county officer; he should not be 
compelled to transact his public business in some out-of-the- 
way place, nor to use any portion of his private residence for 
the public service. Whenever the residence of the superin- 
tendent will admit, he should have an office at tli^ county seat, 
or if not there, in the nearest large town, and he should cause 
it to be publicly understood where his office is, and when he 
can be found there for the transaction of public business. 
Holding these views to be self-evident and essential to the 
public good, and not incompatible with the spirit and intent 
of the law, county courts and boards of supervisors are re- 
spectfully requested to make p)rovision, by appropriation or 
otherwise, for suitable offices for county superintendents. It 



104 DISCUSSION OF AMENDMENTS. 

is much better that this should be done by the county authori- 
ties, who undoubtedly have the same right to provide ofl3.ce 
accommodations for county superintendents of schools, as for 
sheriffs, county clerks, or any other county oflScer. But if the 
county authorities decline or neglect to act in the matter, then 
the superintendents themselves are hereby authorized to pro- 
cure suitable offices and office accommodations, and to defray 
the necessary expenses out of the school fund of the county. 
The strictest economy must be observed by superintendents 
acting under this authority. Ko unnecessary or unreasonable 
expense is to be incurred; but whatever is necessary in the 
premises, may be done; for it is absolutely essential that these 
officers should have appropriate facilities for the transaction of 
their public basiness, and the orderly arrangement and safe 
custody of their books and papers. 

§ 54. In considering the amendments to this section, at- 
tention is fi.rst called to the very just provision for the pro- 
tection of teachers after the delivery of their schedules to 
the directors. Heretofore, in case of the loss of schedules 
after such delivery, or the failure of the directors to place 
them in the hands of the township treasurer within the time 
fixed by law, teachers were practically without remedy; in 
some instances incurring the loss of the entire amount due, 
and in others being compelled to wait six months or more for 
their pay, besides being subjected to great inconvenience and 
expense. By this amendment teachers are authorized to de- 
mand, and directors are required to give, receipts for schedules, 
on their delivery by the former to the latter, and directors are 
made personally liable for any loss sustained by the teacher, 
through their failure or neglect to dispose of schedules coming 
into their hands, according to law. The receipt of the direct- 
ors is conclusive evidence against them, and in favor of the 
teacher. This provision is not founded in any distrust of the 
integrity of school directors, but is simply a plain, business 
matter, necessary to the protection of teachers, and infringing 
upon no right or privilege of the director. The certified 
schedule of the teacher represents a money value, upon sur- 
rendering which it is proper that he should receive a tangible 
voucher; said schedule is the evidence upon which he relies 



DISCUSSION OP AMENDMENTS. 105 

for the proceeds of his labor. Where losses have occurred, 
through failure of directors to file the schedule with the town- 
ship treasurer in time, it is no doubt in almost all cases to be 
attributed to inattention or inadvertence, and not to any pur- 
pose of defrauding the teachers ; but, whatever the cause, the 
right of the teacher to redress is not diminished. Should 
losses of this kind hereafter occur, it will be the fault of the 
teacher in neglecting to avail himself of the security here pro- 
vided. 

The rights of teachers are further protected by the declara- 
tion contained in this section that their schedules are legally 
due and payable on the first Mondays of April and October of 
each year, and that all balances remaining due and unpaid 
after said dates respectively, shall draw interest at the rate of 
ten per cent, per annum, until paid. 

This legislation is an act of simple justice, all the more wel- 
come because so tardy, toward a most deserving class of men 
and women. "Whatever opinions may be entertained to the 
contrary by the uninformed, the prejudiced, or the unthinking, 
it is unquestionably true that well qualified and faithful teachers 
•are poorer paid in proportion to the talents required, the labor 
performed and the good done, than any class of persons in the 
commonwealth. I speak of well qualified and faithful teachers, 
and am sure that the foregoing statement in regard to them will 
not be denied by any candid and intelligent person. The 
school laws of this and other states have been framed, appar- 
ently, with a singular unmindfulness of the pecuniary rights 
of teachers, and it is a subject of sincere congratulation that 
BO important a step has been taken in the right direction, by 
our legislature. The files of this office show innumerable in- 
stances of long and vexatious delays, and other wrongs and 
hardships endured by teachers in obtaining payment for ser- 
vices rendered, in consequence of the lack of necessary legal 
provisions in their behalf. In hundreds of instances they have 
been obliged to wait for months, and not unfrequently for 
years, for the settlement of their claims, and at last, after be- 
ing deprived so long of their just dues, have been compelled 
to accept the principal only, without any interest at all, as a 
partial compensation for the delay and deprivation. Hereafter, 
the moment a schedule is audited by the trustees, in April or 



106 DISCUSSION OF AMENDMENTS. 

October, and filed with the treasurer, it commences, if unpaid, 
and any balance unpaid, to draw interest at the rate of ten per 
cent, per annum ; and to the prompt liquidation of such un- 
paid schedules, or any unpaid part thereof, with the addition 
of the accrued interest, school directors, trustees and treas- 
urers, are enjoined in the most positive terms. Said balances, 
with interest as aforesaid, are furthermore declared to be pre- 
ferred claims against the district, and must be paid out of the 
iirst moneys coming into the hands of the township treasurer, 
and not otherwise specifically appropriated. 

§ 57. The important change in this section is the legalizing 
of loans by township treasurers, at a rate of interest less than 
ten per cent, per annum, in cases where it is found impossible 
to obtain ten per cent. Prior to this amendment loans at a 
less rate than ten per cent, were peremptorily forbidden ; the 
language was, "the rate of interest shall be ten per cent, per 
annum;" and, under the operation of that prohibition, vast 
amounts of the principal of the township school fund have, 
during the past few years, remained idle and unproductive ; it 
being found impracticable, in many portions of the state, for 
reasons familiar to all, to invest the school fund at ten per 
cent. All former provisions in respect to the time for which 
loans may be made, the amount and character of the securities 
required, etc., remain unchanged, with the exception hereafter 
to be noted ; and, with the law as it now stands, township 
treasurers will understand that no action of the board of trus- 
tees is necessary to authorize them to loan at ten per cent. 
That being the maximum rate allowed by law, treasurers may 
continue to make loans at that rate as heretofore, whenever 
practicable. But no loans can be efiected at a rate of interest 
less than ten per cent, without the official approval of the 
board of trustees. Whenever the township treasurer reports 
to the board that he has on hand a portion of the principal of 
the town fund, which he is unable to invest at ten per cent., 
it will be the duty of said board, at any regular or special 
meeting, to fix and determine the reduced rate at which said 
funds may be loaned, and to instruct the treasureraccording- 
ly ; and, until such action of the board is had, the township 
treasurer cannot assume the responsibility of accepting a less 



DISCUSSION OF AMENDMENTS. 107 

rate of interest than ten per cent.; nor can any rate, less than 
ten per cent., be legally determined without the approval of 
at least a majority of the board of trustees. It will be ob- 
served that this amendment is made retroactive, so as to cover 
all loans heretofore made by school officers in accordance with 
the instructions of the late state superintendent, so that all 
loans made, under such instructions, at a rate of interest less 
than ten per cent., are therefore legal and valid, the same as 
if made under the provisions of the amendatory act. As the 
financial troubles of the country have mostly ceased, with the 
close of the war, it is believed that it will not hereafter be 
difficult to make all loans at ten per cent. 

This section, as amended, also authorizes the loaning of 
township funds to boards of school directors, taking as security 
district bonds made and issued as prescribed in the forty- 
seventh section of the act. Such loans can, of course, only 
be made to directors in their corporate capacity. This is the 
only change made in respect to the character of the securities 
which township treasurers are authorized to receive ; and it is 
believed that the exception made in favor of boards of direct- 
ors will subserve the public interest and convenience in an 
eminent degree. Bonds issued by school directors to secure 
the payment of^ mone}' borrowed under the provisions of this 
section, must be made payable to the board of trustees of the 
proper township, in their corporate name and style. As the 
whole taxable property of a district is virtually pledged for 
the redemption of the bonds so issued, no security could be 
more ample and sure ; and it is therefore anticipated that this 
class of loans will soon be sought by township trustees in 
preference to others. The attention of township trustees is 
invited to the expediency of discouraging short loans, as far as 
practicable. Loans on short time may, of course, under some 
circumstances, be necessary, but it is obvious that, other 
things being equal, the longer the period for which loans are 
made the greater will be the net profits to the township. 
Township treasurers are required in the most express terms, 
to keep the principal of the township fund constantly at in- 
terest; they cannot without a breach of obligation, for which 
they are liable on their bonds, keep any portion of said prin- 
cipal on hand, if in their power to loan the same, at any rate 



108 DISCUSSION OF AMENDMENTS. 

of. interest now allowed by law. The question has frequently 
been submitted to this department, whether township funds 
may be invested in government bonds, or in war bonds, or 
other bonds issued by county, township, or other local author- 
ities. The only answer that I am authorized to make to such 
inquiries is, that the school law does not authorize such in- 
vestments ; the section of the act under review prescribes the 
only mode and conditions of loaning school funds. 

§ 63. Boards of school directors have been m\ach embar- 
rassed, in making their annual estimates for school purposes, 
from not knowing the actual condition of their respective ac- 
counts on the books of the township treasurer. For lack of 
this information they have sometimes caused a heavier tax to 
be levied than was necessary, and at other times the levy made 
has proved too small for the current expenses of the schools, 
and thus they have found themselves, at the end of the term 
or year, without the expected means of meeting their liabili- 
ities. In some instances boards of directors have been thus 
in the dark in regard to the exact condition of their financial 
affairs for several years in succession, entailing much needless 
delay and perplexity upon them and their creditors. To cor- 
rect this state of things, it is now made the duty of township 
treasurers to settle semi-annually with each board of directors 
in their respective townships. It will hereafter be the right of 
each board of directors to demand, and the duty of township 
treasurers to furnish, on the first Mondays of April and Octo- 
ber of every year, a certified written statement or exhibit, 
showing the exact condition of the account of each district, 
and the amount of funds of every description in their hands, as 
shown by their books to the credit of and belonging to each dis- 
trict respectively. The statement here required, must be duly 
certified and signed by the township treasurer in his oflacial 
capacity, and will furnish a safe and reliable basis upon which 
the directors may proceed in making up their estimates, and 
arranging their plans for the support and continuance of 
schools. 

§ QQ. The object of the legislature in the revision of this 
section is two-fold. First: To define what shall constitute 
the permanent principal of the township and county funds 



DISCUSSION OF AMENDMENTS. 109 

respectively, and to forbid the distribution, diminution, or 
alienation of said principal or any part thereof, in any manner 
whatever; and Second: To require the regular distribution of 
the entire interest and proceeds of said principals respectively, 
and to forbid the carrying of said interest, rents and profits, 
or any part thereof, to the principal of the respective funds. 
These objects are fully accomplished by the language of this 
section as amended, since it removes all ambiguity, and effect- 
ually guards against the error, entertained by some, that a 
portion of the interest and other proceeds annually accruing, 
might, under some circumstances, be considered as surplus 
and added to the principal of the proper fund. The law 
plainly declares that the entire proceeds accruing from the 
principal of the county and township funds, must be regularly 
distributed for the support of schools. 

§ 67. This section, as amended, prescribes more clearly 
than before the rules by which township treasurers are to be 
governed in paying out funds. The substance of the whole 
section is. First : That no funds in the hands of township treas- 
urers to the credit of districts can be paid out, except upon 
orders, duly drawn, and signed by the directors of the proper 
district, or by their president and clerk; and Second; That, 
where there are funds in the hands of a township treasurer to 
the credit of a district, all orders, when legally drawn and 
signed by the proper board of directors or its officers, as afore- 
said, must be promptly honored and paid. Funds coming into 
the hands of township treasurers for the benefit of districts, are 
of two classes, viz : First: the interest, rents, and profits of the 
township fund, and the state and county fund received from the 
county superintendent ; Second : funds accruing from special 
taxes levied by orders of school directors, and funds arising 
from the sale of property belonging to school districts. The 
funds embraced in the former class must pass through the 
hands of the township trustees, and be by them apportioned 
to the respective districts, before said funds become subject to 
the order of the directors. The funds embraced in the latter 
class do not pass under the control of the township trustees, 
and are not subject to apportionment or distribution by them, 
but are paid directly to the township treasurer, to be by him 



110 DISCUSSION OF AMENDMENTS. 

immediately placed subject to the orders of the proper board of 
directors. 

§ 71. The commissions of three per cent, upon the amount of 
sales of school lands, and of two per cent, upon the amount of all 
sums paid or loaned out hy county superintendents for the support 
of schools, are not changed by the amendments to this section; 
but all of said commissions are still allowed by law, and may be 
retained, as heretofore. In addition to said commissions for sell- 
ing school lands, and for distributing, paying out, and loaning 
school funds, county superintendents are also entitled by this sec- 
tion as amended, to the sum of three [five] dollars per day, for 
any number of days not exceeding two hundred in any one year, 
for their educational services as county superintendents.* Among 
the duties, for the performance of which it is the intention of the 
law to authorize county superintendents to receive the per diem, 
may be mentioned the following : visiting and superintending 
schools ; examining teachers ; organizing and conducting teach- 
ers' Institutes ; hearing and determining complaints and controver- 
sies submitted to them under the school law ; preparing and 
tabulating official reports, etc. In brief, compensation is allowed, 
at the rate of three [now five] dollars per day, for all duties 
and services legitimately connected with the office of county super- 
intendent, and required by law of county superintendents, and 
performed by them according to law ; except such duties and ser- 
vices as are required and performed in connection with the sale of 
school lands, and the distribution, loaning and paying out of school 
funds. For these latter services, compensation is provided in the 
form of commissions. The per diem account is to be rendered 
semi-annually, and must be certified and sworn to by the county 
superintendent ; and when so rendered, certified and sworn to, 
said account must be paid, semi-annually, from the county treas- 
ury, as the accounts of other county officers are paid ; instead of 
being retained from the school fund as heretofore. 

The law does not fix the number of hours' service for which the 
per diem of three [five] dollars shall be received ; but the nature 
of the service to be rendered, and the circumstances under which 
it must, in most cases, be performed, are such as to warrant the 

* By the Act of February 28, 1867, the per diem is increased to fire dollars, for 
services actually rendered. 



DISCUSSION OF AMENDMENTS. Ill 

conclusion that the term " day," in this section may properly be 
considered, (in case the point is raised), as identical in duration 
with the school day of teachers, and as generally known and rec- 
ognized in the school law, namely, six hours. The correctness of 
this view will appear from the fact that public schools are in ses- 
sion but six hours a day, and hence a county superintendent could 
not spend a greater length of time in school visitation in any one 
day, while his claim to the legal per diem for such day's visitation, 
is unquestionable. But it is not probable that the technical point 
of what constitutes a " day," in the sense of this statute, will be 
raised. The common custom of the country in such cases is well 
understood, and will govern, unless objection is made. It is no 
argument against the wisdom and justice of this amendment to say 
that there may be county superintendents who are incompetent 
and unfaithful, and who cannot or will not earn the compensation 
allowed by law. It is enough to reply that the utter insufficiency 
of the remuneration heretofore allowed, has been a principal cause 
of incompetent superintendents, if such there are ; and that the 
only safe and just rule in the regulation of salaries is to consider 
how much the services required by law ought to command, when 
Buch services are ably and efficiently performed ; leaving it to the 
people to see that the right persons are chosen for the office. 

§ 72. The commissions of township treasurers remain un- 
changed, but township trustees are peremptorily required to make 
a suitable allowance to their treasurers, annually, for their clerical 
services. This provision was contained in the old law, but I have 
reason to believe that it was not generally complied with. It is now 
re-enacted in more express terms, and boards of trustees are en- 
joined not to neglect to set apart a reasonable sum from the town- 
ship fund, each year, as a compensation for the services rendered 
by treasurers as clerks of their respective boards. If the books 
and records are kept in a proper manner, (and it is the duty of the 
trustees to see that they are so kept,) the time and labor required 
of treasurers are such as justly to entitle them to a liberal com- 
pensation and such compensation cannot be withheld without a 
plain violation of law, for which the wronged party has redress. 

Whatever doubt may have existed heretofore in respect to the 
claim of county treasurers to a percentage upon school taxes col- 
lected and paid over to them by county or township collectors, are 



112 DISCUSSION OF AMENDMENTS. 

removed by the provisions of this section, as amended ; such a per- 
centage cannot lawfully be claimed or retained by county treasur- 
ers under the present law. It will be observed that school officers 
are no longer exempt from serving on juries ; their other immuni- 
ties remain as before, but they will hereafter be liable to duty as 
jurors in courts of record. 

§ 82. The amendments to this section are drawn with such 
fulness and care as to leave but little to be supplied by way of 
comment. The first point that will be observed is, that the fines, 
penalties and forfeitures reverting to the school fund, under the pro- 
visions of this section, are to be paid to the school superintendent 
of the county in which said fines, etc., have been imposed or in- 
curred instead of the superintendent of the county in which they 
were collected, as was the case prior to the amendment. The pro- 
priety of this change is obvious, since the place of collection is not 
always identical with that where the fine is imposed or the forfeit- 
ure incurred, and it is plain that the latter, and not the former, 
should determine the county superintendent to whom the money 
should be paid. 

Another very important provision is, that the duty of enforcing 
the collection of these debts due the school fund, is specially de- 
volved upon the state's attorney of the respective judicial circuits, 
instead of being left to the county superintendents, as heretofore. 
The state's attorney is familiar with the forms of legal proceed- 
ings to be instituted ; he is entitled by law to fees and commissions 
for such collections, and therefore professionally interested in en- 
forcing them, and hence is the proper officer to whom the business 
should be entrusted, so far as courts of record are concerned. 
Justices of the peace are also enjoined to enforce the collection of 
all fines imposed by them, and the officer charged with the collec- 
tion is directed to pay the same, when collected, to the school su- 
perintendent of the county in which said fines were imposed. 

But the most essential provision is that which requires clerks of 
courts of record, and justices of the peace, to report, under oathf 
to the proper county superintendent, annually, the amount of fines, 
penalties, and forfeitures, imposed or incurred in their respective 
courts, and also the amount collected, together with the names of 
the officer or officers charged with the collection thereof, under a 
penalty of twenty-five dollars for each failure to make such report. 



DISCUSSION OF AMENDMENTS. 113 

These reports will furnish county superintendents with the necessary 
information and data upon which to act, the lack of which, under 
the old law, rendered its provisions practically almost a dead letter. 
Hardly less important is the stringent and highly penal provision 
by which the officer having collected said fines, penalties and for- 
feitures, or having the same in his possession, is compelled to pay 
the same over to the person authorized by law to receive them. 
The penalty for each default is double the amount of the funds 
illegally withheld. The kind of action {qui tarn) by which the for- 
feiture is to be recovered, is the one best adapted to secure the 
end in view. 



LATEST AMENDMENTS. 

Very few changes were made in the school law by the last 
(25th) General Assembly : they are all embraced in the following 
act : 

AN ACT to amend an act entitled an act to establish and maintain a system of 
Free Schools in the State of Illinois, approved February 16th, 1865. [In force 
February 28, 1867.] 

§ 1. Be it enacted hy the People of the State of Illinois rejyre- 
sented in the Gerieral Assembly^ That in order to enable county 
superintendents of schools to discharge their duties with greater 
efficiency, they shall be entitled, in lieu of the per diem now 
allowed by law, and exclusive of commissions, to be paid semir 
annually from the county treasury of their respective counties, as 
compensation for their services, the sum of five dollars per day for 
services actually rendered : Provided, That the provisions of this 
section shall not apply to Cook county. 

§ 2. The clerk of each board of school directors shall report 
to the township treasurer of the proper township, on or before the 
first Monday of October, annually, such statistics and other infor- 
mation in relation to the schools of their respective districts as the 
township treasurer is bound to embody in his report to the county 
superintendent, and the particular statistics to be so reported shall 
be determined and designated by the state superintendent of pub- 
lic instruction. 

§ 3. When a school is composed of pupils from different town- 
ships, the teacher shall, in all cases, be paid by the treasurer of the 
township in which the school is taught, and the duty of collecting 



114 DISCUSSION or amendments. 

tlie amount due from the other townships shall devolve upon the 
directors. 

§ 4. All returned soldiers, who, during the late war, entered 
the army while in their minority, shall be allowed to attend, free, 
any public school in the districts where they severally reside, for 
a time equal to the portion of their minority spent in the military 
service of the United States. 

§ 6. All acts or parts of acts in conflict with the provisions of 
this act, are hereby repealed. This act shall take effect and be in 
force from and after its passage. 

Approved February 28, 1867. 

With the exception of the few amendments contained in the 
above act, the school law of 1865 remains in full force and eflfect, 

precisely as it was. 

/ 

REMARKS ON SECTION ONE. 

The effect of this section is simply to repeal the per diem provi- 
sions of section* seventy-one of the general law of 1865, (which al- 
lowed superintendents three dollars per day for not more than two 
hundred days in any one year), and to substitute five dollars per 
day for services actually rendered, be the number of days more or 
less. I congratidate the friends of common schools, and especially 
the county superintendents, upon a result so much more wise and 
liberal than we had ventured to expect. The compensation is still 
too small : no man is fit to stand at the head of the teachers and 
common-school interests of a county whose services are not worth 
two thousand dollars a year ; and if the people see fit to place an 
incompetent person in that position, both the fault and the remedy 
are with them. It must also be remembered that a heavy per cent, 
of the income accruing for services rendered in visiting schools, etc., 
must be deducted for the expenses necessarily incurred. But, al- 
though still inadequate, the pay allowed by the amendatory act is 
a most encouraging advance upon any legislation that we have 
heretofore been able to secure, and is an auspicious omen for the 
future. The day, it is to be hoped, has gone by for skilled and 
efficient educational labor to be expected without a reasonable com- 
pensation. That policy has too long been pursued, to the constant 
detriment of the educational interests of the state. 'The same laws 
apply to all important human enterprises and spheres of labor. If 
good and efficient workmen are wanted — liberal pay will secure 



DISCUSSION OF AMENDMENTS. 115 

them ; and the attempt to obtain the one without the other is not 
only a blunder in policy, but a breach of honor. No interests de- 
mand close and watchful supervision more imperatively than those 
of public education, and, whatever those who have not reflected 
upon the matter may think about it, no others are more important. 
If the people choose, they may, in every county of the state, se- 
lect the best-qualified and most experienced educational man for 
the ofiice of county superintendent of schools. Let this be done, 
and no proposition is more demonstrable than that it is true econ- 
omy — an actual saving of dollars and cents — to pay him a sum 
that will justify him in devoting his whole time to the duties of 
the office." 

REMARKS ON SECTION TWO. 

The value of this section consists in the fact that it renders ob- 
ligatory what has heretofore been optional, and thus completes the 
line of responsibility in respect to statistical reports, which has 
heretofore ended, so far as the law is concerned, with the township 
cflticers. It will hereafter be as much the legal duty of clerks of 
boards of directors to report to township treasurers as it Is of the 
latter to report to county superintendents, and they to the state 
superintendent. It will add very much to the unity of the system, 
and to the fullness and reliability of all the reports. The facts 
and statistics that will be required of directors will be few and 
simple. A list of them will be furnished by the state superin- 
tendent, from time to time, as required by law. 

REMARKS ON SECTION THREE. 

The object of this section is to simplify the mode of procedure 
in the case of schools composed of pupils from two or more differ- 
ent townships. The amendment is based upon the reasonable 
principle that, if directors see fit to admit pupils from other town- 
ships, they, and not the teacher, should attend to the collection of 
what Is due on the separate schedules of such scholars. The effect 
is to modify one clause of the thirty-fifth section of the general 
law of 1865. Hereafter when a school is composed of pupils 
from different townships, the teacher will simply deliver all his 
separate schedules to his own directors, and receive their order 
on the treasurer of the township In which the school Is taught, 
for the whole amount due. The directors, in their certificate to 



116 DISCUSSION OF AMENDMENTS. 

the home schedule, must insert the whole amount due the teacher, 
instead of a proportional part as heretofore ; and in their certificate 
to the separate schedule of pupils from the district of the other 
township, they must insert the proper amount due from said dis- 
trict, computed upon the basis of the total number of days' 
attendance of all the schedules, as heretofore provided by law. 
But since the teacher is credited on the home schedule with the 
whole amount due him, the directors in certifying the separate 
schedule, must make the proportional amount due from the other 
township payable to their district, and not to the teacher. 

The certificate to the separate schedule, modified to suit the re- 
quirements of the amendment, would be as follows : 

" We, the undersigned, directors of district number in 

township, number range number in the county 

aforesaid, certify that we have examined the foregoing schedule, 
and find the same to be correct, and that the school was conducted 
according to law : That there is now due said district the sum 

of dollars and cents, being the proportional amount 

accruino- to said district according to law ; and that the said C. D., 
teacher," has a legal certificate," etc., etc. 

The directors of the home district will then deliver the separ- 
ate schedule, so certified, to the directors of the other district, 
who shall immediately draw an order on their treasurer, in favor 
of the district in which the school was taught, for the amount 
certified to be due, as provided and required in the thirty-fifth 
section of the act ; and the treasurer must promptly honor said 
order, and in default, the amount thereof can be collected by law. 
The provisions of this section apply only to the case of schools 
composed of scholars from diiFerent townships, not to those com- 
posed of pupils from diiFerent districts in the same township. 

The fourth section of the amendatory act requires no explana- 
tion. It will no doubt be carried out in letter and spirit, and with 
cheerfulness and pleasure, by all concerned. Its justice is self- 
evident. 



PART II. 

Official and Judicial 
Decisions. 



Having now presented the school law, as amended, and con- 
sidered in detail the several sections of the amendatory acts, it 
remains to embody the official and judicial decisions, now in 
:^rce, in relation to common schools. These decisions, with 
but few exceptions, are given in the briefest form. They em- 
brace the substance of all that have been rendered by the de- 
partment of public instruction, and the supreme court, in re- 
lation to common schools; those only being omitted which 
have been superseded or rendered inoperative by recent legis- 
lation. They are thrown into this condensed form, so that, 
being general, and embracing only well established legal prin- 
ciples, they may be of universal application. For facility of 
reference, the decisions are grouped into general classes, and 
arranged under appropriate sub-heads ; those of each general 
class being consecutively numbered. 

The author has not turned aside for the purpose of discuss 
•iug merely theoretical questions, but every decision in the vol- 
ume was suggested by some case or inquiry actually submitted 
to the state superintendent for his opinion or determination. 
The treatment of each topic is, therefore, more or less ex- 
tended, according to its nature and relative importance. In 
but two or three instances has it seemed appropriate to enter 
•into elaborate argument, and then only because of the com- 
manding importance of the subjects discussed. The decisions 
are supported by references to eminent judicial authorities. 



118 OFFICIAL AND JUDICIAL DECISIONS. 



I. COUNTY SUPERIKTENDEKTS. 

1. Bond. — Before county superintendents can legally enter 
lapon the discharge of their official duties, they must take an 
oath for the faithful discharge of the same, and execute a bond, 
as prescribed in the eleventh section of the act. 

2. Examination of Treasurer's Bond. — It is the duty of 
county superintendents carefully to scrutinize the bonds of 
township treasurers before accepting and filing them, and 
if found in any respect defective to return them for correction. 

(§ 15.) ' 

3. To withhold Funds until Bonds are Filed. — County superin- 
tendents can pay no school funds to any township treasurer 
who has not on file a good and perfect official bond. (§ 16.) 

4. Apportionment of Funds. — Townships and parts of town- 
ships, in which no schools have been kept according to law, 
cannot share in the distribution of the school fund. But, if a 
single school of a township has been kept as the law requires, 
that to'ivnship is entitled to the benefit of the school fund. 
(§ 16.) "Where a township is divided by a county line, leav- 
ing one or more districts on each side of said line, the treas- 
urer of said township is entitled to funds from each superin- 
tendent, provided that schools have been kept according to 
law in each fraction of the township; but not otherwise. If 
the district or districts in the part of said township lying 
in one county, have complied with the provisions of law, while 
the district or districts of said township which lie in the other 
county, have not so complied, then the treasurer of said town-, 
ship is entitled to funds from the superintendent of the former 
county, but not from the superintendent of the latter county. 

5. Basis of Apportionment. — County superintendents can 
apportion no funds to townships upon any other basis than 
that prescribed in section sixteen of the act. They must 
always take as the basis, the latest official enumeration of 
persons under twenty-one, on file in their offices. Where 
officers fail to report the number of children under twenty-one, 



OFFICIAL AND JUDICIAL DECISIONS. 119 

the county superintendent will adopt the census of those town- 
ships whose officers have complied with the law and made a 
return, and take the last enumeration of those townships from 
which no returns were received, as the basis of distribution. 
The township whose officers comply with the law are entitled 
to the full benefits of their increased population. Official 
census returns must be received, unless known to be false and 
fraudulent, in which case they may be rejected and the funds 
withheld until true returns are made; or the latest, correct 
returns on tile may be taken as the basis, as aforesaid. 

6. Examination of Teachers. — County superintendents must 
hold at least four public examinations of teachers, annually, 
and more if necessary, at such times and places as will accom- 
modate the greatest number of persons desiring examination. 
They are not forbidden to examine teachers privately. Due 
notice must be given of all public examinations. (§ 51.) 
County superintendents are authorized to appoint boards of 
examiners, for the examination of teachers, but such examiners 
are not school officers, nor entitled to the immunities granted 
in section seventy-two of the act. It is the duty of the county 
superintendent or board of examiners, when requested by the 
directors of any district, to examine teachers in the higher 
branches ; in which case they shall certify to the additional 
branches proposed to be taught ; but no certificate can be 
given unless the teacher is qualified to teach the several 
branches enumerated in the law. {See remarks on § 51.) 

7. Teachers' Certificates. — Certificates can only be granted to 
persons of approved moral character, and who, upon due ex- 
amination, shall be found qualified to teach all the branches 
enumerated in the act. On the question of character, the su- 
perintendent must be governed by his own knowledge, when 
that knowledge is in conflict with testimonials. The date of 
a teacher's certificate must strictly conform to the facts ; it 
cannot be dated back. Only two grades of certificates are 
authorized by law. The first is valid in the county for two 
years, the second for one year. At the expiration of a certifi- 
cate the superintendent may renew the same by endorsement, 
without examination, or he may require further examination, 
as the condition of such renewal, at his option. He is not au- 
thorized to renew certificates unless granted by himself. (§ 50.) 



120 ' OFFICIAL AND JUDICIAL DECISIONS. 

8. Fees for Certificates. — All fees for teachers' certificates are 
abolished, whether granted at public or private examinations, but 
the expense of the blank forms used may be defrayed out of the 
school funds. (§ 51.) 

9. Revocation and Renewal of Certificates. — Teachers' certifi- 
cates may be revoked, but only for just cause. In the exercise 
of this right the greatest care should be taken to avoid injustice. 
The professional reputation of a teacher should not be prejudiced 
by the revocation of his certificate, except upon the most clear 
and positive proof of gross misconduct ; but whenever such 
proof is furnished, the duty of the county superintendent is 
plain and he must perform it. When the revocation of a cer- 
tificate becomes clearly necessary, the superintendent should note 
the fact in his record of certificates granted, (§ 50,) and re- 
quest the teacher to surrender the document. If he refuse to do 
so, the name of the teacher, date and grade of his certificate, and 
the fact and date of its revocation, (with cause, if deemed expe- 
dient,) should be published in the county papers, or otherwise. 
This, in that case, would be necessary for the information and pro- 
tection of the public. The directors, trustees and treasurer, of 
the district and township concerned, should also be informed im- 
mediately and officially by the superintendent, in writing, of his 
action, and duly notified and warned that no public funds can law- 
fully be paid said teacher for services rendered from and after the 
date of said revocation. The law does not authorize county super- 
intendents to suspend teachers' certificates, nor do I think that the 
right to do so is implied in the power to revoke. They may grant, 
renew, and, for good cause, revoke certificates ; their powers in 
the premises would then seem to be exhausted. It is held that a 
teacher's certificate cannot be renewed after its expiration — if re- 
newed at all, it must be done on or before the day it expires. 
When a certificate expires without renewal, the instrument is 
dead, and cannot be revived, and its eifectiveness continued by 
the endorsement of the county superintendent — a new certifi- 
cate must be obtained, or the teacher is without a license. Any 
other view would defeat the intention of the law. Thus, a per- 
son might continue to teach for months, and even years, after 
the expiration of his certificate, and the irregularity be cured by 
an endorsement, or series of endorsements, by the county super- 
intendent. 



OFFICIAL AND JUDICIAL DECISIONS. 121 

10. Re-instatement of Teachers ivhose Certificates have been Re- 
voked. — The law does not prescribe the limits of time within which 
a teacher, whose certificate has been revoked, may be re-instated 
in his profession. Each case must therefore be determined by the 
county superintendent, according to his best judgment and discre- 
tion, from the facts and circumstances as he knows or believes 
them to exist. A teacher's license may be revoked for offences of 
so grave a character as to render it improper ever to restore him 
to the school-room. On the other hand, the revocation may be 
necessitated by malfeasances or delinquencies of a less serious na- 
ture, against the recurrence of which the county superintendent 
may be well assured. If, for instance, a teacher is deprived of 
his certificate for acts of intemperance, or even drunkenness, he 
may so conduct himself thereafter as,soon to convince the super- 
intendent that a thorough and genuine reformation has taken place. 
If so, the fact that but a short time, a few weeks or months, had 
elapsed since the revocation of his certificate, would not render it 
improper or illegal to grant him another certificate. The power 
to revoke certificates is conferred for the sole purpose of summa- 
rily ejecting from the school-rooms of the state, such persons as 
may become clearly unfit for the responsible trusts committed to 
teachers of youth, and should never be exercised in any other spirit. 
As soon, therefore, as the cause is removed, and the dishonored 
teacher gives proof of having again become worthy of trust, the 
spirit of the law as well as of charity, would warrant his re-admis- 
sion into the profession. 

11. School Visitation — Examination of Teachers — Office Work — 
Compensation, etc. — By section twenty of the act, a county super- 
intendent is peremptorily required "to visit every school in his 
county at least once each year, and oftener if practicable." If he 
does not visit each school at least once, annually, he is liable to 
removal for "omission of duty." (§ 13.) But he is not restricted 
to one visitation a year ; he may visit each school more than once 
in each year, and the law makes it his duty to jdo so, " if practi- 
cable" — -that is, if he deems it expedient, and his other duties will 
permit. The law makes the superintendent himself the judge as 
to how often it may be expedient and practicable for him to visit 
any particular school or schools. His visits should be as frequent 
as the interests of each school seem, in his judgment, to require, 
and no more. And for the exercise of his best judgment and dis- 



122 OFFICIAL AND JUDICIAL DECISIONS. 

cretion in the matter, he cannot be called to account. The law 
imposes upon him the duty, and duty implies right. His honest 
acts in the visitation of schools cannot be inquired into by the 
county court, and payment for the service refused. To justify 
such a proceeding on the part of the county authorities there must 
be a palpable case made out, showing corruption or fraud, or a 
gross pervertion or violation of the intent and spirit of the law by 
the county superintendent. A county court or board of super- - 
visors, cannot dictate to a county superintendent, in respect to the 
number, duration, or necessity of his school visitations. They 
may remove him from office " for any palpable violation of law, or 
omission of duty," but in the absence of any such palpable dere- 
liction, they cannot, in any manner, molest, restrict, or interfere 
with him in the discharge Qf his official duties; and any order or 
resolution to that effect, would be of no force or obligation. Nor 
is a county superintendent to be governed, in visiting schools, by 
the wishes or opinions of the directors or inhabitants of the re- 
spective districts. While a request to visit a particular school 
would be an additional reason for doing so, a request not to visit, 
or silent indifference on the part of the directors and people of a 
particular district, would be no reason or justification for neglect- 
ing to visit that school — but rather the contrary. The superin- 
tendent is the judge of his own actions in the premises, and will 
visit when, where, and as frequently as he thinks duty requires, 
regardless of the assent or dissent, the request or protest, of either 
the county authorities or the people of the respective districts — 
subject only to the penalties prescribed for violation of law or 
omission of duty. 

As to the time that should be spent in each school visited, that 
also is left to the best judgment of the county superintendent, and 
he must be governed in each case by the particular circumstances 
and condition of the school visited, keeping in mind the require- 
ments of the twentieth section of the act. It is obvious that it 
will require a longer stay and a closer investigation to ascertain 
the condition and needs of some schools, than it will of others, 
and no one but the county superintendent himself can decide what 
the duration of the visit in each case should be. If it were worth 
while to make a general suggestion on the subject, I would say 
that a visit of less than three hours, or one-half of a school day, 
would not be likely to be of much use. 



OFFICIAL AND JUDICIAL DECISIONS. 123 

By section fifty-one of the act, it is made " the duty of county 
superintendents to hold meetings at least quarterly, and oftener if 
necessary, for the examination of teachers," and they are to des- 
ignate the particular days and places when and where such ex- 
aminations are held. The conduct of the county superintendent 
in respect to the examination of teachers is governed by the same 
principles as those laid down in respect to the visitation of schools 
— all the arguments and considerations just applied to the latter 
case, are equally applicable to the former case. The whole subject 
is left to the sound discretion and honest action of the county 
superintendent, and in the conscientious discharge of his duty, he 
cannot be dictated to, or interfered with. If, "m his opinion^^ 
four examinations a year are sufficient, he need not hold any more ; 
but if, "m Jiis opiriioti" more are "necessary," he has the power, 
and it is his duty, to hold them. The law expressly clothes him 
with ample discretion in the matter — it could not reasonably do 
otherwise, for the various circumstances and contingencies that 
might exist or arise in the one hundred and two counties of the 
state, could not possibly be foreseen by the legislature, and hence 
no specific number of examinations could, with any wisdom or 
prudence be prescribed in the statute — it must necessarily be left 
to the judgment of the officer himself. He is to determine how 
and when it is "necessary " to hold more than four examinations. 
If, " in his opinion," (not, in the opinion of the court, or super- 
visors,) it is "necessary" to hold monthly examinations, for instance, 
he has an unquestionable right to hold them, and more or less than 
that number, as he sees fit. 

It is also provided in the fifty-first section of the law, that 
" county superintendents shall^ in no case, exact or receive any fee 
for certificates." The prohibition is explicit and peremptory, and 
any county superintendent that disregards it, whether voluntarily, 
or by the advice, permission, or direction, of others, is liable to 
removal from office "for palpable violation of law." (§ 13.) 

So also in respect to office days : the county superintendent 
must determine the number of such days required for the faithful 
performance of his official duties, and his honest action in so do- 
ing, cannot be inquired into. The amount of time necessary for 
the proper investigation and hearing of questions and controver- 
sies submitted to him under the school law ; for official corre- 
spondence; the posting, arranging, abstracting and filing of his 



124 OFFICIAL AND JUDICIAL DECISIONS. 

official books and papers ; the special examinations of such teach- 
ers as cannot attend on the regular days ; and the miscellaneous 
details and duties necessarily belonging to a well regulated county 
office — the time requisite for all these things is, and must be, pecu- 
liarly within the province of the officer himself to determine, and 
even if he errs in his action, no fraud or corruption being charged, 
I do not think that a court would interfere. A palpable case 
must be made out ; the Intent and purpose to deceive, or to com- 
mit a fraud ; such as to obtain pay for pretended services not 
actually rendered, &c., before the conduct of the superintendent 
can be judicially inquired into. If there is not proof of some 
gross wrong of this kind, it must be presumed that the officer has 
acted in good faith, and that his accounts and charges as certified 
and sworn to, are correct and just. 

As was said in the former part of this opinion, it would be of 
little use to offer any suggestion as to the number of days that 
should be devoted to office work, for it is not the province of the 
state superintendent, the county court, board of supervisors, or 
any other officer, court, or persons, to pass upon that matter — but 
of the county superintendent himself. But, certainly, if the 
affairs of a county superintendent's office are conducted as they 
should be, the devotion thereto of one day in each week cannot, 
it may be remarked, be considered unreasonable. 

Section seventy-one provides that the accounts of county su- 
perintendents " shall be certified and sworn to " by them, " and 
shall be paid semi-annually from the county treasury." While 
the right of a county court or board of supervisors to require 
the account to be rendered in full, and by items, is not denied, 
(although it is not customary in the state to so require : a simple 
sworn statement of the number of days' service rendered, and the 
amount due being generally accepted as sufficient,) it is never- 
theless held that the law does not contemplate that a county 
superintendent's sworn account shall be overhauled and audited, 
or its sworn statements subject to be traversed, by a county court 
or board of supervisors, there being no charge of deception or 
fraud in the same. Unless such deceit or fraud is charged, or 
plainly appears in the account itself, it is believed that the court 
or board cannot go behind the affidavit of the superintendent, but 
must receive and allow the account, and order it paid. \_Scliool 
Laws 1865, §§ 13, 20, 51, 71 ; Amend. 1867, § 1.] 



OFFICIAL AND JUDICIAL DECISIONS. 125 

12. Controversies. — It is the imperative duty of county super- 
intendents to hear all controversies and complaints arising in their 
respective counties upon school matters, and, if possible, to deter- 
mine and adjust the same. No such cases can properly be sub- 
mitted to this department except by formal appeal from the 
decision of the county superintendent. (§ 20.) 

13. Reports. — County statistical reports are required to be 
made to this office annually. For refusal or neglect to render such 
reports, at the time and in the manner required by law, county 
superintendents are liable to removal from office, and the conse- 
quences of such failure, to the county, are no less than the forfeiture 
of the state school fund for the ensuing year. (§ 17.) They are 
also liable to a fine of twenty-five dollars for each default in mak- 
ing such report, under section seventy-six of the act. And when 
a county loses its share of the public fund by reason of the failui-e 
of the county superintendent to make his report, he is responsible 
for said loss. (§ 77.) 

14. Sale of School Lands. — Sales of school lands by county 
superintendents are invalidated by failure to give due and legal 
notice thereof. All sales of school lands must be advertised in the 
manner and for the length of time prescribed in section eighty- 
seven of the act. T^ie expenses of advertising sales of school 
lands should be paid from the school fund of the township for 
whose benefit the advertisement is published. It was held by the 
earlier state superintendents, that said expenses should be paid by 
the county superintendent, and the decision has not heretofore been 
traversed. But a careful examination of the point has satisfied me 
that said opinion is not well founded. It appears to be a well 
settled principle that the fees or compensation of a public officer for 
his services., in any particular business, are not to be reduced by the 
amount of his legal expenses incurred therein. The compensation 
mentioned in section seventy-one of the act, in relation to the sales 
of school lands, are clearly for " services " only, not for expenses. 
A different construction would work great wrong to the officer. 
For it is plain, in the case of small tracts at low prices, that even it 
a sale is eflfected, the cost of advertising may exceed the commis- 
sions allowed by law ; while on the other hand, the minimum price 
fixed by the trustees may be so high as to prevent any sale at all, 
as is frequently the case. And as this may happen several times 
before a given tract is actually sold, the injustice of requiring the 



126 OFFICIAL AND JUDICIAL DECISIONS. 

expenses to be borne by the county superintendent Is very manifest. 
This Is all the more apparent from the fact that the superintendent 
may be obliged to make the sale on the premises^ Incurring an addi- 
tional outlay for traveling expenses, which must also be repeated 
as often as there is a failure to sell. The law never requires an of- 
ficial to expend his private means for the public good. Hence, 
whatever expenditures the law requires an official to make, the par- 
ties for whose benefit the expenditure Is incurred must pay the cost. 
In this case, therefore, the cost of advertising must be defrayed 
from the school fund of the proper township. (§§ 71, 87, et al.) 

15. Commissions on Sales. — The county superintendent Is en- 
titled to three per cent, of the amount realized from all sales of 
school lands made by him. When a sale of school lands Is made 
by the superintendent, and the amount for which the lands are 
sold is not actually paid In, but loaned to the purchaser or pur- 
chasers, he is entitled to three per cent, for selling and two per 
cent, for loaning. (§§ 71 and 86.) When the purchaser of school 
lands pays the full price of the land to the commissioner in cash, 
the money so received should be paid to the township treasurer, to 
be loaned by him. 

16. Omission to take Mortgage. — When school lands are sold 
by county superintendents, and the moneyQs loaned to the pur- 
chaser, security is required by notes and mortgages as In the case 
of money loaned by township treasurers ; but should the super- 
intendent neglect to take such mortgage, the lien is not waived, 
as the law expressly provides that It shall be reserved. In such 
a case the trustees of schools can assert a lien as against a pur- 
chaser, and also as against those claiming under him, with notice, 
If proceedings are instituted within a reasonable time. {Trustees 
of Schools vs. Wright et al, 12th III, 432.) 

17. Failure to Record Proceedings. — The act makes it the 
duty of superintendents to record In full the proceedings of all 
sales of school lands, but It Is held by the supreme court {Trustees 
of Schools vs. Allen et al, 21st III, 120,) that failure to make 
such record, provided the lands are legally and fairly sold, does 
not invalidate the title of the purchaser. In the absence of fraud, 
non-compliance with the unessential and advisory provisions of 
the act cannot alienate the just rights of the purchaser. 

18. Compensation. — County superintendents are entitled to 
compensation, as follows : 1. Three per cent, upon amount of all 



OFFICIAL AND JUDICIAL DECISIONS. 127 

sales of school lands, and real estate taken for debt. 2. Two per 
cent, upon amount of all sums distributed, paid, or loaned out by 
them. 3. At the rate of five dollars per diem for any number 
of days of service actually rendered, except for those services for 
which they are by law entitled to commissions, as above. In vis- 
iting schools, etc., the time necessarily spent in travel is as much 
a part of the " day " for which payment is due, as the time actu- 
ally spent in the school-room, or other business for which the 
journey is undertaken. Whenever the superintendent appoints a 
day for the public or private examination of teachers, and is 
present for that purpose at the appointed time and place, he is en- 
titled to his per diem, whether any person appears for examina- 
tion or not ; and, in like manner, when a superintendent gives 
public notice that he will be in his office on certain stated days, 
for the examination of teachers and the transaction of other pub- 
lic business, and accordingly remains in his office for that purpose, 
he is entitled to the per diem allowed by law, whether any one 
calls for examination, or for the transaction of other public busi- 
ness, or not. This is a familiar and well established rule in rela- 
tion to the obligations and compensation of public officers. (^See 
remarks on § 71 ; also^ Amend. Feb. 28, 1867, § 1.) 

19. What Fines.) Forfeitures and Penalties go to the School 
Fund. — Among the fines, penalties and forfeitures, which, by section 
eighty-two, are required to be paid to the county superintendent 
for the benefit of the school fund, are the following : 1. All fines 
collected by justices of the peace. 2. All fines collected by other 
county officers. These are the sheriff, the probate judge, the 
county court, or board of supervisors — but not the moderator of 
a town meeting. 3. All fines, penalties and forfeitures, imposed 
or incurred in any of the circuit courts of this state. This last is 
by far the most important. It includes, among others, all fines for 
violations of the criminal law. For selling liquor, illegal voting, 
assaults, affrays, contempts, arson, altering marks, removing land- 
marks, assisting prisoner, and so on, for the thousand offenses pun- 
ished by fines. All forfeitures of recognizances are included. 

20. Deputies. — The law, section fifty, authorizes the county su- 
perintendent to appoint a board of examiners for the examination 
of teachers, and, of course, to grant certificates upon the recom- 
mendation of said board. It would also seem that the superin- 
tendent should be warranted in paying his examiners at the same 



128 OFFICIAL 'AND JUDICIAL DECISIONS. 

rate per clay that he would ■ himself be entitled to for the same 
service. This is the only instance in the act where the superin- 
tendent is expressly authorized to act by deputy, and it is to be 
regretted that power to so act is given at the very point where, 
above all others, the personal attention of the superintendent is 
most important. It is certain that if authority to examine teach- 
ers by deputies, were not plainly conferred by the statute, it could 
not be done ; for no other duty demands to the same extent the 
exercise of that care, ability and judgment, which the superin- 
tendent is presumed to possess. It is therefore earnestly recom- 
mended that authority to examine teachers should not be delegated 
to others, notwithstanding permission to do so is conferred by 
law. Let the superintendent himself perform this most important 
duty, except in cases of emergency or necessity. 

Although no direct authority is given to a superintendent to 
act by an agent, except in the examination of teachers, it cannot 
be doubted that there are services connected with his office which 
may properly be performed by another. There is a familiar 
principle which determines what services may be entrusted to 
others, by a public officer. It is this : In all those duties in which 
a special trust is reposed in the abilities, judgment, skill or learn- 
ing of the officer himself, his powers cannot be delegated ; whilst 
in the discharge of those duties which are of a merely clerical, 
formal or ministerial nature, in which no special confidence is re- 
posed in the peculiar qualifications of the officer, a competent 
deputy or clerk may be employed. No one supposes that o, judge, 
for example, can act as such through a deputy. On the other 
hand, in matters purely ministerial, where the law prescribes defi- 
nitely the manner in which the thing must be done, such as the 
extension of taxes, making out collectors' books, recording of 
deeds, making up of records, etc., the officer de jure is entitled to 
compensation therefor, although performed by a deputy or clerk. 

Now, some of the duties of a county superintendent, such as 
the visitation of schools — giving directions in the science, art and 
methods of teaching — advising with school officers— deciding 
questions under the school law, etc., (and, did not the statute 
provide otherwise, the examination of teachers), are in the nature 
of a special trust or confidence in the intelligence, learning and 
judgment of the superintendent himself, and cannot be delegated ; 
whilst other duties, such as the collection of statistics — making up 



OFFICIAL AND JUDICIAL DECISIONS. 129 

statistical reports and tables — recording, copying, arranging, ab- 
stracting and filing official papers, etc., may be performed by a 
clerk or deputy, for whose services the superintendent would be 
entitled to the same pay as if performed by himself. 

It seems safe to conclude, therefore, that the idea of a general 
deputy, with power to perform all the duties of the office, is 
wholly incompatible with the intent of the law ; whilst in the 
class of duties above enumerated, the superintendent may employ 
a competent deputy or clerk, for whose services the superintendent 
would be entitled to the regular pay, whenever the employment of 
such deputy is necessary, or will promote the interests of the schools. 
« And for this purpose the county court or board of supervisors 
may also allow the superintendent additional compensation, under 
section seventy-one of the act, and should do so, when necessary to 
enable him to devote his special attention to the more important 
educational duties of his office. It is believed that in many cases it 
would be not only advisable, but highly advantageous to the schools, 
for the superintendent to pursue such a course. It will enable him 
to choose the most favorable times for the all-important work of 
school visitation, which chance to be the very periods when the sta- 
tistics are to be collected and tabulated for the annual report, and 
the public funds apportioned and paid out. These latter duties 
could be performed by a deputy, while the superintendent is fen- 
gaged in the more important work of visiting the schools, to the 
great benefit of the public interests. Many of the counties are too 
large for any superintendent to do all the work, as it should be done ; 
in such cases the county authorities are earnestly urged to affiard 
the needed relief, by a suitable appropriation for such services as 
can be properly performed by a clerk or deputy. 

21. Whe7i a Purchaser of jScJiool Land Borrows his Bid. — 
When the purchaser of common school lands borrows the amount 
of his bid, as authorized by section eighty-six, the notes, mortgages, 
etc., given as security for the money so borrowed, should, I think, be 
made payable to the trustees of the township for whose benefit the 
land is sold, the rate of interest to be determined as provided in sec- 
tion fifty-seven of the act. The statute is not explicit as to whether 
the notes should be made payable to the trustees or county super- 
intendent, but a careful examination of the law will, I think, sustain 
the foregoing opinion. The notes in question are certainly for 
money " to become due the township," which section fifty-seven de- 



130 OFFICIAL AND JUDICIAL DECISIONS. 

clares " shall be payable to the board of trustees, by their corpo- 
rate name." Again, if default is made in the payment of the notes, 
the trustees may bring suit for the recovery of the money, (§§ 57 
and 62,) and it is reasonable to conclude that the party who has 
the right to sue for the money should be the payee of the notes. 
The county superintendent would seem, in such cases, to be merely 
the agent of the board of trustees. But it is also clear that should 
the notes be made to the county superintendent, instead of the trust- 
ees, they would nevertheless be "valid to all intents and purposes." 

(§57.) 

22. Commissions, how Computed. — By sections seventy-one and 
seventy-two, county superintendents and township treasurers, are^ 
allowed to retain, as commissions, " two per cent, upon the amount 
of all sums distributed, paid or loaned out by them." A literal 
construction of the language of the law would require the com- 
missions to be computed on the amount actually disbursed, and 
not upon the whole amount on hand. In other words, that con- 
struction would require the distribution of a sum which, when 
increased by two per cent, of itself, would equal the whole amount 
on hand. To find the commissions on this principle : divide the 
whole amount by 102 ; the quotient will be the sum to be dis- 
tributed, which taken from the wliole amount, leaves the commis- 
sions. But the rule sanctioned by universal custom, is, simply to 
deduct two per cent, of the amount on hand, as commissions, 
and distribute the balance. The difference in the results of the 
two modes of computation is unimportant, being less than four 
cents on the one hundred dollars.. 

23. Per Diem Account, how Collected. — The mode of procedure, 
under section seventy-one, in relation to the per diem account of 
county superintendents is not specifically pointed out in the act, but 
the common practice in the state is for the county superintendent to 
present his account, duly, certified and sworn to, to the board of 
supervisors, or county court, for their approval. If approved, 
they instruct their clerk to draw an order for the amount, on the 
county treasurer, in favor of the superintendent, which order con- 
stitutes the proper voucher of the treasurer, who thereupon pays the 
same. This course seems to accord with the spirit and intent of 
the school law, and with the statutes regulating the official action 
of county treasurers. It is also approved by eminent judicial au- 
thority. It is held, however, by some of our circuit judges, that 



OFFICIAL AND JUDICIAL DECISIONS. 131 

the per diem account can be paid without an order from the super- 
visors or court, the certificate of the superintendent being, in their 
estimation, a suflScient voucher for the treasurer. If the treasurer 
deems the certificate an adequate voucher, he will of course act 
accordingly. This mode of payment is certainly the most direct 
and convenient, and, if satisfactory to the oflficers concerned, there 
can of course be no objection to its adoption. In either case, the 
sworn statement of the county superintendent is to be deemed con- 
clusive as to the amount justly due. The account, the correctness 
of which is vouched for by the oath of the superintendent, cannot 
be reduced or changed, except upon proof of deliberate falsifica- 
tion or fraud. The law provides that the account, the whole 
amount, when certified and sworn to " shall he paid.^^ 

24. Entitled to Full Amount of Auditor^ s Warrants. — The war- 
rants issued by the auditor of public accounts to county superin- 
I tendents of schools, upon county collectors, both those for the 
school tax fund and for the interest on the school fund, must in 
all cases be paid in full by said collectors. No deduction can be 
made for commissions. Those warrants are issued simply as a mat- 
ter of convenience, to save the trouble of paying the money into 
the state treasury and then paying it out again to the county super- 
intendents of schools. Collectors take receipts of county super- 
intendents for the full amount of the warrants paid, and on settle- 
ment with the auditor they are credited with the full amount 
specified in said receipts, the same as if the money had been 
actually paid into the treasury. County superintendents have 
nothing whatever to do with the commissions of collectors ; said 
commissions are allowed and paid by the auditor on final settle- 
ment of collectors with the state ; and if any collector withholds 
any part of the sum specified in the warrants, on account of com- 
missions, or on any other account, after the amount of said war- 
rants is collected and payable, it is the duty of the superintendent 
to proceed against said collector and his securities, in an action of 
debt, in the county court, which has full and complete jurisdiction 
in the premises. And the collector must pay, as penal damages, 
twelve per centum upon the amount due and in default. (§ 70.) 
25. Liable for Loss of Funds. — The supreme court, 30th 111., 
page 99, in reference to the liability of township treasurers for 
the safe keeping of all funds coming into their hands as such 
treasurers, hold the following strong language: "Township treasur- 



132 OFFICIAL AND JUDICIAL DECISIONS. 

ers are made insurers of the funds coming to their possession, and 
nothinjr shoukl or can excuse them but the act of God, or of the 
public enemy. A distinct and well defined liability is imposed on 
them by statute, and if it be not met, to its fullest extent, the fact 
that the omission occurred from misfeasance, or negligence, or im- 
avoidahle accide7it, or by 2i felony committed hy another^ furnishes no 
defense to the action on the bond." The official relations of county 
superintendents to the public funds coming into their hands as 
such, being identical in nature with those of township treasurers, 
the same stringent rule of responsibility applies to the former as 
to the latter — they are equally liable on their official bonds for the 
loss of any trust funds in their hands, even though caused by ac- 
cident or the felony of another. I do not see any mode of relief 
in any such case, except by the special interposition of the legis- 
lature. In the case of the public funds distributed by county 
superintendents under section sixteen of the act, the liability does 
not cease with the expiration of the time within which it is the 
duty of township treasurers to call for their respective amounts, 
but remains in full force so long as any part of said funds remains 
in their hands. Prudence, therefore, dictates that all said funds, 
when received and payable, should be paid over and receipted for 
with as little delay as possible. 

26. Security for School Moneys Loaned. — Section fifty-nine of 
the act, in relation to the loaning of school funds by township treas- 
urers, provides that, " in estimating the value of real estate mort- 
gaged to secure the payment of money loaned under the provisions 
of this law, the value of improvements liable to he destroyed^ shall 
not he included^ Section nineteen provides that all school moneys 
loaned by county superintendents, shall be, " upon the same security 
as is provided by this act in relation to the township treasurers." 
The same rule, therefore, applies to county superintendents, as to 
township treasurers, in regard to the kind of security that can be 
taken for school moneys loaned. It must in both cases, and in all 
cases, be real estate, not liable to destruction, unincumbered, and 
in value double the amount loaned. Houses, of all kinds, are 
"liable to be destroyed," hence they cannot be included in esti- 
mating the value of the real estate given as security for funds 
borrowed from either county superintendents of schools, or town- 
ship treasurers. The fact that a building may be insured, and 
that the borrower will assign the policy as additional security, 



OFFICIAL AND JUDICIAL DECISIONS. 133 

does not relax the rigor of the law hi the case. Experience proves 
that insurance companies themselves are " liable to be destroyed." 

27. Entitled to Whole Amount of Fines. — In cases of assault, 
the complainant is not entitled to any part of the fine, or to any 
pay whatever, except for attendance as a witness. The only cases 
in which the complainant is entitled to one-half the fine is in what 
are known as '"'•qui ta7n" actions. When a statute imposes a 
penalty for the doing or not doing an act, and gives part of that 
penalty to whoever will sue for the same, and the other part to 
the commonwealth or to some worthy object or institution, and 
makes said penalty recoverable by action, such actions are called 
" qui tarn " actions. Hence, unless the statute expressly provides 
for the recovery of penalties by qui tarn actions, the informer or 
complainant is entitled to no part of the fine. Section eighty-two 
does provide for the recovery, by such actions, of penalties against 
officers failing to pay over fines etc. when collected, and also, alter- 
natively, in the case of trespassers on school lands ; but the words, 
" and all other fines, penalties and forfeitures," in said section, do 
not refer to qui tarn actions, but to fines, etc., recoverable under the 
general statutes, and the whole amount of such fines must, there^ 
fore, when recovered, be paid to the county superintendent. 

28. Should Not Serve as Township Treasurer. — A county su- 
perintendent should not, at the same time, hold the office of town- 
ship treasurer. It is true that the only express legal restriction is 
that the treasurer "shall not be a director or trustee.'''' {§ 32.) But 
although not contrary to the letter of the law, the holding the 
position of township treasurer by a county superintendent, is in 
conflict with the well established principle that the same person 
should not hold two such offices as will oblige him to pay over 
public moneys to himself, and be the judge and custodian of his own 
securities and vouchers. This, a county superintendent, acting as 
township treasurer, would be compelled to do. (§§ 15 and 16.) 

29. 3Iay Negotiate Loans in Certain Cases. — When common 
school lands are sold, and the purchaser pays down the price, or a 
part thereof, in cash, It is the right of the township treasurer to 
demand that the amount so paid shall be turned over to himself, 
to be loaned ; and It is, of course, the duty of the county super- 
intendent to comply. But if the former waives his right to receive 
and loan said funds, and the township trustees request it, the county 
superintendent, acting as the agent of the trustees, may negotiate 



134 OFFICIAL AND JUDICIAL DECISIONS. 

the loan and perform all tlie services connected therewith, retaining 
the commissions allowed by law, being the same that the treasurer 
would have been entitled to had the business been transacted by him. 
The notes, mortgages and other securities, in such cases, must be 
made payable to the board of trustees, by their proper corporate 
name, the same as if the loan had been made by the township treas- 
urer, as required by section fifty-seven. (§§ 57, 58, 62, et alJ) 

30. May Examine and Correct School Land Records. — The 
records of the sales of school lands, which are required by section 
fourteen, are of great importance. Harassing litigation, and vex- 
atious uncertainties of title, etc., are sure to result, sooner or later, 
unless these records are full and clear. The statute requires them 
to be kept in three well bound books. A book of certificates and 
plats, a sale book, and a cash book. In violation of this require- 
ment, it is known to this department that in some counties the 
sale books show but a small part of the actual number of lots dis- 
posed of; the cash books are incorrect ; and the plats, etc., are 
not recorded in book A, or any other book, but on scraps of paper 
and in other unwarrantable forms. Wherever those valuable records 
are found to be in this condition, county superintendents will be 
justifiable in putting them in proper shape, or causing the same 
to be done, and in taking such steps as may be necessary to that 
end, by inspecting the records of other counties, and securing re- 
liable data wherever and however it can legitimately be obtained. 

31. Holds Over in Certain Cases. — Where a county superin- 
tendent elect, dies before being duly qualified, it would seem, from 
the following considerations, that the former incumbent should 
hold over. The power of a county court or board of supervisors 
to a'p'point^ is conditioned upon there being a vacancy. (§ 13.) 
But if the person elected does not qualify., there is no vacancy, and 
hence the county court or board of supervisors cannot appoint. 
Neither does the law, as I understand it, give the county court 
any authority to order another election. Hence, In such cases the 
former incumbent holds over till the next regular election. The 
foregoing principle has been recognized and applied by some of 
the circuit courts of this state. 

32. Elections in .Townships Divided hy County Lines. — Section 
twenty-five makes it the duty of county superintendents to order 
elections of township trustees when treasurers fail or refuse to do 
so. In townships divided by county lines, the election in such 



OrnCIAL AND JUDICIAL DECISIONS. 135 

cases may, If practicable, be ordered by the two superintendents 
jointly. If this cannot be done, the election may be ordered by 
the superintendent of the county in which the sixteenth section of 
such township is situated. The election cannot be allowed to go 
by default through supposed lack of jurisdiction on the part of the 
respective superintendents. The foregoing rule, in such emer- 
gencies, is sustained by the principle recognized in the last clause 
of the thirty-seventh section of the act, and is the only perceiva- 
ble mode of procedure in such cases. 

33. Reports of Justices and Clerks Under Section 82. — All fines, 
penalties and forfeiture due the school fund, no matter how long 
ago they were imposed or Incurred, must, if collected, be paid over 
to the county superintendent, and may be recovered " in a qui tarn " 
action, as provided in section eighty-two. But the law requir- 
ing clerks of courts of record, and justices of the peace, to report 
the amounts of fines, etc., imposed and collected by them respect- 
ively, should not be construed as retroactive. Said reports can only 
be demanded from and after the passage of the law requiring them, 
to wit, February 16, 1865. These reports are for the information 
of county superintendents, to keep them apprised of the facts, 
whatever they may be, in relation to these funds, and said reports 
should therefore be rendered by the first of March every year, 
whether any fines, etc., have been imposed and collected, or not. 
If there have been no transactions. since the former report, it is 
important for the superintendent to know that fact, which the 
hlarik report will show. There may, perhaps, be some doubt as 
to whether a magistrate can be compelled to report unless he has 
imposed a fine, etc., but the importance of reporting annually, in 
all cases, is so great that it is hoped that none will avail themselves 
of such doubt as a reason for not reporting. Superintendents are 
enjoined to see that the reports are promptly rendered, and to pro- 
ceed against delinquents as provided by law. " No rule of inter- 
pretation is better settled than that no statute shall be allowed -a 
retrospective operation, unless the will of the legislature to that 
effect is declared In terms so plain and positive as to admit of no 
doubt." {Bruce vs. Schuyler., 4 (x^7w^., 279.) 

84. Action Under Section 21. — County superintendents must see 
that township reports are returned to them at the time and In the 
manner required by law, and in default should at once proceed as 
required by section twenty-one. If imperfect or erroneous reports 



136 OFFICIAL AND JUDICIAL DECISIONS. 

are made, they should be returned for correction, if the time will 
permit. If there is not time for the return of the reports for cor- 
rection, or if the reports are sent back by the treasurer, still imper- 
fect or erroneous, superintendent should send an agent into the de- 
linquent township, the same as if no reports had been returned. 

35. May he Teachers. — Many county superintendents of schools 
are also engaged in teaching. There is no legal impediment to 
this, the two positions are not incompatible. Since, then, county 
superintendents may at the same time be teachers ; and since every 
teacher must have a legal certificate of qualifications, ( § 52 ;) and 
since such a certificate can only be granted by the superintendent 
of the county in which the school is taught, ( § 50 ;) it follows 
that a county superintendent may teach under a certificate signed 
by himself. In such case the certificate should be endorsed by the 
board of examiners. (§ 50.) The signature of the superintend- 
ent, under such circumstances is only a necessary legal formality. 
There are many analogies : a collector must sign his own tax receipt, 
and be its custodian — a city clerk, if re-elected, must certify to his 
own election, etc. The best way to avoid the seeming anomaly is, 
for superintendents desiring to teach, to obtain state certificates. 

36. May Procure and Furnish Office^ etc. — It is held that the 
county authorities should provide a suitable office for the use of 
the county superintendent of schools, and supply the same with 
furniture and fixtures necessary for the transaction of public busi- 
ness, and the safe keeping of the public moneys, records and 
papers. It is not seen why this should not be done for the super- 
intendent of schools, the same as for other county officers. Among 
the articles necessary for the proper equipment of the county 
superintendent's office, are, a convenient writing-desk, or secretary, 
with as many pigeon-holes as there are townships and parts of 
townships in the county, and enough extra ones for the proper 
classification and filing of miscellaneous papers — one or more 
common tables, and a complement of chairs, for the accommoda- 
tion of applicants for certificates — a small book-case, for sample 
copies of text-books, reference books, educational works, reports, 
etc. — good maps of the county and state, etc. , If the county au- 
thorities decline or neglect to provide and furnish an office, the su- 
perintendent may do it, and pay the necessary expense for rent, 
etc., out of the county fund. He is also authorized to use the same 
fund for the purchase of all books, blanks, postage, stationery and 



OFFICIAL AND JUDICIAL DECISIONS. 137 

printing, necessarily pertaining to, and actually used in, the discliarge 
of his official public duties — provided the same are not furnished by 
the county authorities as aforesaid. The strictest economy is, how- 
ever, enjoined, and no expense must be charged to the school fund, 
the incurring of which is not clearly legitimate and necessary. For 
any departures from this plain and imperative rule, superintendents 
will be liable on their bonds. All furniture, fixtures, books, etc., 
belonging to the office must be carefully preserved, and when a 
county superintendent is about to turn the same over to his suc- 
cessor, he should make an inventory of all such articles as are sus- 
ceptible of enumeration, and take a receipt therefor, in duplicate, 
one for his own use, the other for file with the county clerk. 

37. Should Keep Account of Services. — County superintendents 
should keep careful accounts of all official services rendered by 
them, noting the dates and places, kind of service, time spent, 
and the compensation charged. In recording school visitations, 
the township and district should be designated. These state- 
ments of account should be kept in a well bound book pro- 
■ vided for the purpose, which may be paid for from the school 
fund. The book should be open to the inspection of any who may 
be entitled to examine it. When a detailed statement of account 
is requested by the county authorities, the superintendent should 
furnish it. Such statement will be merely a transcript from the 
record book of services rendered. It is right and proper that 
county authorities should be informed of the acts and doings of 
their county superintendents, if they desire it, as well as of other 
county officers. It is true that county authorities do not usually 
require, or claim the legal right to require, an itemized statement 
of account ; but a full record should nevertheless be kept, and a 
transcript furnished when requested. All public business should 
be done in a careful and methodical manner, and with such accu- 
racy and fidelity as to welcome scrutiny and defy suspicion. Such 
a record of official services may, moreover, be of much local and 
historical value in the future. 

88. Newl'y Organized Townships. — The forfeiture of school funds 
for failing to have a six months' school annually, does not apply 
either to newly organized districts or toumships. If a township is 
first laid off into school districts in October, for instance, the 
county superintendent should allow said township its due propor- 
tion of public funds at the distribution made the following April, 



138 OFFICIAL AND JUDICIAL DECISIONS. 

This is to enable the several districts of the newly organized town- 
ship to commence operations under the law. Thereafter the claim 
of the township to participate in the distribution, will rest upon 
its compliance with the six months' rule of the law, the same as 
others. If, in the case supposed, no district of the township should 
maintain a six months' school by the 30th day of September fol- 
lowing, the law in regard to forfeiture would be in full force and 
eifect, and no more funds could be apportioned to said township 
until it should comply with the provisions of the statute. In case 
funds should be apportioned to a newly organized township as 
above stated, and no district of said township should sustain a six 
months' school within one year from the organization of said town- 
ship, (the fund remaining of course in the hands of the township 
treasurer,) it would be the duty of the county superintendent to de- 
mand, and of the township treasurer to pay over, said funds, to be re- 
apportioned to the other townships of the county, or to such of them 
as had complied with the law. Said funds could not be added to 
the principal of the township fund, nor allowed to remain, idle, in the 
hands of the treasurer, but should be returned to the superintend- 
ent to be re-distributed. It is the spirit of the school law to favor 
those townships and districts which do their part, and to impose 
penalties upon those which do not ; and to see that every dollar of 
the public money is made to contribute to the interests of schools. 

39. Fines and Penalties^ and the School Fund — Rule of Ac- 
tion. — It is important to know what fines, penalties and forfeitures 
are given by the school law to the school fund. Cases of appar- 
ent difficulty often arise, which can be disposed of at once by 
reference to the proper rule. A careful examination of the law, 
(§ 82,) shows that " all fines, penalties and forfeitures," no matter 
for what cause, no matter how great or how small, no matter against 
whom they may be adjudged, when "imposed or incurred in any 
of the courts of record, or before any of the justices of the peace 
of this state," belong to the school fund, with but two exceptions. 
This language includes every court in Illinois, for all are courts of 
record except justices of the peace. It includes everything then, 
which is either fine, penalty or forfeiture in the widest legal sense 
of those words, save what is named in these two exceptions. And 
what are they ? 

1. The first is : such as are imposed or Incurred in an incorpo- 
rated town for the violation of a by-law thereof. 



OFFICIAL AND JUDICIAL DECISIONS. 139 

2. The second is : such as are imposed or incurred in an in- 
corporated city, for the violation of an ordinance thereof. 

Having stated the uniform rule, and the exceptions, the decision 
of any particular case is easy. Was the fine imposed for violation 
of town by-law or city ordinance? If not it must belong to the 
school fund. No matter what the form of proceeding, or how en- 
titled ; it may be a fine for contempt in which no papers are made ; 
in all cases the test here given indicates with unfailing certainty 
where the fine should be paid. 

40. Fines may he Loaned. — By section nineteen of the act, 
county superintendents are expressly authorized to "loan any 
money, not interest, belonging to the county fund, before the same 
is called for according to law by the township treasurer, at the 
same rate of interest, upon the same security, and for the same 
length of time, as is provided in relation to township treasurers." 

Now, the amount of fines, etc., received under section eighty- 
two, is not interest., and it belongs to the county fund ; it may, 
therefore, be loaned in the manner provided by law, until it is 
liable to be " called for according to law," which is on or about the 
first of March. (§ 70.) 

41. Sale of Scliool Lands of Fractional Totvnships, Having no 
Sixteenth Section. — There are some fractional townships which do 
not contain a section numbered sixteen. In these cases Congress 
provides for the selection " of other lands equivalent thereto, and 
as contiguous as may be." Thus it sometimes occurs that the 
school lands of a township do not lie within the limits of that par- 
ticular township. In a case where the township itself, being 
fractional, lies within one county, and its school lands in another 
county, the question arises : who ought to sell these lands when 
the sales come to be made, the school superintendent of the county 
in which the township is situated, or the superintendent of the 
county where the lands lie? The answer must be founded upon the 
law itself. By section eighty-one of the school law, the provisions 
in relation to other school lands are made applicable to these lands 
not withiu the townships to which they belong. What, then, are 
these provisions? By section eighty-three we find that when the 
inhabitants of any township desire the sale of the school lands be- 
longing to that township, they are directed to petition the "county 
superintendent of the county in which the school lands or the 
greater portion thereof lie." This very case seems to have been 



140 OFFICIAL AND JUDICIAL DECISIONS. 

foreseen and provided for. The next section provides that when 
the petition, etc., is delivered to the county superintendent " as 
aforesaid," he shall subdivide the land into lots. Section eighty- 
seven provides that the " county superintendent shall give notice," 
and section eighty-eight prescribes the manner in which the " su- 
perintendent shall sell." 

A careful examination of these various sections leaves no doubt 
that the officer meant is the one described in the eighty-third sec- 
tion, viz : the school superintendent of the county where the lands 
lie. This appears to be the only conclusion warranted by a fair 
interpretation of the language of the statute, and we must take 
the law" as we find it, and obey its directions. 

42. Relations to County Courts or Boards of Supervisors. — 
The act amending the school law, approved February 28, 1867, 
does not change section seventy -one, of the act of February 16, 
1865, except in two particulars, viz : It changes the rate of com- 
pensation allowed county superintendents of schools, from three 
dollars a day to five dollars a day ; and it allows said compensa- 
tion for any number of days' " services actually rendered," instead 
of for the specific maximum number of two hundred days, as was 
the case before. It does not in any manner change the mode of 
Tendering and paying the accounts of county superintendebts. 

The amendment, taken in connection with that part of section 
seventy-one which is not changed, would read as follows : 

County superintendents of schools " shall be entitled, in lieu of 
the per diem now allowed by law, and exclusive of commissions, 
to be paid semi-annually from the county treasury of their re- 
spective counties, as compensation for their services, the sum of 
five dollars per day, for services actually rendered ; which account 
shall be certified and sworn to by the county superintendent." 

The main question is : Does the law contemplate that these 
accounts shall be passed upon by county courts, as to the kind, 
amount, and faithfulness of the- services rendered, and the com- 
pensation justly due therefor ; and including, of course, the right 
to change, increase or diminish, the amount claimed, as they may 
deem just and right — or, on the other hand, is the sworn state- 
ment of the county superintendent to be regarded as the specific 
and conclusive legal evidence upon which the account is to be 
paid, as a proven account ? 

From a careful examination of the language of the statute, I am 



OFFICIAL AND JUDICIAL DECISIONS. 141 

of tlie opinion that the latter is the proper construction. The law 
simply provides that the account slmll be " certified and sworn to," 
and that thereupon, it " shall be paid, from the county treasury." 

There is nothing in the act that seems to require or to contem- 
plate that the account shall be canvassed and audited by the 
court, or that seems to confer upon the court any supervisory 
power in respect either to the number of days charged, or to the 
expediency or necessity of the services rendered. It seems to be 
a case in which the legislature has seen fit to prescribe the par- 
ticular evidence upon which the account shall be paid, namely, the 
statement and aflSdavit of the oflicer himself; and when the pre- 
scribed evidence is furnished, in due form, it would seem to be the 
duty of the court, without discretion, to order the account paid. 

If it is charged that the superintendent has sworn falsely — that 
he has brought in a bill for any services not actually rendered — 
or that he is guilty of any "palpable violation of law," (§ 13,) 
or of a willful perversion of its obvious intent and meaning — or if 
any palpable wrong, or untruth, or intention to deceive, or to 
commit a fraud, appears in the account itself — for these offences, 
or any of them, if a clear case can be made out, payment of the 
bill can, of course, be refused by the court, and the superintend- 
ent himself removed from oflSce and otherwise punished, as pro- 
vided in the thirteenth section of the act. 

But unless some palpable dishonesty, fraud, or corruption is 
charged, or clearly appears, I think the sworn statement of the 
superintendent must be regarded as final and conclusive. I may 
add that some of our circuit judges have not only concurred in 
this view of the law, but have also held that county superintend- 
ents are not bound to submit their accounts to the supervisors at 
all, but may hand their sworn statements to the county treasurer 
directly, without an order from the board, and receive their pay ; 
and in at least one or two instances this has been done. I cannot, 
however, regard such a course as expedient, even if warrantable. 

In respect to the number of days that a county superintendent 
may spend in the visitation of schools — or the number of times 
that he may visit the same school or schools — or the number of 
public or private examinations of teachers that he may hold — or 
the number of days that he may spend in office work or general 
official business, &c., &c., I am of the opinion that he is clothed 
by law with very large discretion ; that all such matters are, and 



142 OFFICIAL AND JUDICIAL DECISIONS. 

must be, peculiarly within the control of the county superintendent, 
and that even if he errs in his action, no fraud or corruption being 
charged, the court cannot properly interfere. It must be presumed 
that he acted in accordance with his best judgment of the interests 
of common schools, and of his duties under the law, and in good faith, 
unless a palpable case is made out, and some gross corruption or 
fraud Is shown. That the superintendent has such large discretion 
in the matters above enumerated, will, I think, be apparent from the 
language used in the twentieth and fifty-first sections of the act. 

In conclusion, then, I am of the opinion that county superin- 
tendents of schools are, by law, constituted the judges' of the 
necessity or expediency, as well as of the amount, of the educa- 
tional and oflSicIal duties and services which they are required to 
perform, and that their honest acts in the premises, cannot be 
judicially inquired Into; but that "for any palpable violation of law 
or omission of duty," they may be promptly removed from office 
by the county court or board of supervisors. 

Most of the points involved in this opinion have been elsewhere 
considered in this work, although from a different stand-point, and 
with a somewhat different aim : their practical importance seems 
to justify this additional discussion, and must excuse the repeti- 
tions that will be observed. \_School Laws, 1865, §§ 13, 20, 51, 
71; Amend., 1867, § 1; Metz v. Anderson, 23, III, 463.] 

43. Appeals. — It is the duty of county superintendents to hear 
and determine all controversies arising under the school law, (§ 20,) 
and to inform the parties concerned that such cases should not be 
- submitted to, and cannot be entertained by, this department, until 
they have been passed upon by the county superintendent, as re- 
quired by law. This applies only to questions of a controversial 
character. County superintendents will be careful, in appeals, to 
state all the material facts, to the satisfaction of the parties, for the 
decision of the state superintendent will always be rendered upon 
the statement given and certified by the county superintendent. 
Where an agreed case cannot be made up, the county superintend- 
ent will state the facts of the case to the best of his knowledge 
and belief, and attach his certificate thereto, and the opinion of the 
state superintendent will be based upon such certified statement. 
Attention to these points will save parties, and this office, from 
much unnecessary trouble, and greatly promote the quiet, prompt 
and satisfactory administration of the school system. 



OFFICIAL AND JUDICIAL DECISIONS. 143 



II. TOWNSHIP TRUSTEES. 

1, Basis of Apportionment. — Trustees must apportion scliool 
funds to districts upon the basis prescribed in section thirty-four 
of the act ; one-half upon census of children under twenty-one, 
and the other half upon the attendance certified in the schedules. 
No other rule or mode of distribution is legal. 

2. Grrounds of Claim To. — A six months' free school, kept ac- 
cording to law, is the only ground upon which a district can claim 
a distributive share of the public school fund. Trustees must 
withhold the public funds from any district which has not com- 
plied with this fundamental rule. The rule has reference to the 
preceding school year, and does not apply to newly organized dis- 
tricts. The school year begins Oct. 1, and ends Sept. 30. If 
any district has a six months' school between Oct. 1 and Sept. 30, 
of any school year, that district is entitled to its share of the 
school fund, both on census and schedule, at the April and Octo- 
ber distributions of the following school year. A six months' 
school must be kept in each and every year. It will not satisfy 
the law to average the time of two or more years, taking the sur- 
plus months of one year to make good the deficiency of another. 
To comply with the law, a school must be kept for six different 
months in each year. Hence the requirement is not satisfied by 
having two diiferent schools in a district during the sa77ie three 
months. Each school in such a case must cover a period of three 
different months to constitute the legal six months. Since only 
those districts which have complied with the law can receive 
public funds, and, since all the public money on hand must be 
apportioned semi-annually, it follows that a portion of the dis 
tricts of a township, or even a single district may be entitled to 
the whole amount of funds on hand ; thus, if but one district in a 
township complies with the law, that district will receive the 
whole distributive fund of the township. 

3. Surplus District Funds. — If any district have a surplus of 
public money remaining after paying schedules and other school 



144 OFFICIAL AND JUDICIAL DECISIONS. 

expenses, said surplus does not go back into the township fund, 
but belongs to the district, and will be held by the township 
treasurer subject to the orders of the directors thereof. 
Money onee apportioned to a district is ever after subject to 
me exclusive ordel-s of the directors of that district. 

4. Funds of Townships lying partly in two Counties. — When 
a township lies partly in two or more counties, and the treas- 
urer receives public money from the superintendents of each 
county, the funds so received should be merged and treated 
as 07ie common fund. It is clear from the thirty- fourth section 
of the act that in the distribution of the state, county and 
township funds, every township is to be taken as a unit, and 
the distribution must be made to all the districts which have 
had schools according to law, without regard to county lines. 
Trustees cannot cause the portion of county fund received 
from each superintendent to be expended exclusively in that 
part of the township which lies in the county of that superin- 
tendent, but must make one common fund of the amount so 
received, and distribute as aforesaid. The apportionment be- 
ing made under one uniform state law, the accidents of county 
lines are not to be taken into the account. The case of swamp 
land funds, which have recently accrued in some of the coun- 
ties, seems to form an exception, and the only one, to the 
foregoing rule. The interest of such funds may be appor- 
tioned exclusively to the districts of that part of the township 
which is in the county having such swamp land fund, when 
specifically so ordered by the county court or board of super- 
visors. These are special cases. But the swamp land com- 
missioner should not pay the money to the directors, but to 
the township treasurer, to be by him distributed to the dis- 
tricts of the proper county. Directors are not authorized to 
act as the custodians of that fund, or any other. When the 
swamp land fund is placed in the hands of the county super- 
intendent, to be by him invested, and the interest to be dis- 
tributed with the other state and county fund, the same rule 
may be observed with reference to townships divided by 
county lines as when the interest of the fund is paid by the 
swamp land commissioner directly to the respective township 
treasurers. And to this end, said fund should, in such cases, 
• be kept separate by the county superintendent, so that treas- 



OFFICIAL AND JUDICIAL DECISIONS. 145 , 

iirers of factional township, may pay out said fund to the 
proper districts only. 

5. ^Trustees Cannot Borrow Township Funds. — There can be no 
question but that the loaning of any portion of the school fund 
under the control of the trustees, by themselves, to one or more 
of their own number, is wholly without any sanction of law. 
It brings their individual interests in conflict with their trust du- 
ties, and, aside from the express provisions of the forty-second 
section of the act, is contrary to the general principles of law 
governing trust relations and official conduct. Such a trans- 
action is of the nature of a "contract," in the sense of the 
statute, and, as such, is explicitly prohibited in the forty-second 
section of the law. [Moore v. School Trustees, 19 III., 86.) 

6. Division of District Funds and Property. — N"o division of 
school funds or property is to be made by the trustees unless 
a new district is formed. If a portion of territory is cut off 
from one district and attached to another, thereby changing 
the boundaries, without establishing a new district, no division 
of funds or property is required. This applies also to the case 
of the dissolution of a district, by attaching one portion of it to 
one adjoining district, and the other portion of it to another 
adjoining district, thereby abolishing the first named district. 
In such case, each of the adjoining districts will take what falls 
to it by the division line of the trustees, and no more. ]^o 
other distribution of the property of the divided district should 
be made. The house, etc., belongs to the district to which it 
falls by the action of the trustees. As neither of the two dis- 
tricts has any claim to the school property of the other district, 
the one to which the said property does not fall, has no right 
to complain ; while the one to which said property does fall, 
should be thankful for its good fortune. When a new district 
is formed, all funds on hand must be distributed at the time such 
new district is formed, and all funds due, but not yet paid in, 
must be divided as soon as received, except in case of debts 
etc., as hereafter noted ; and the distribution in both cases, 
must be made in proportion to the amount of taxes collected 
from the property remaining in each district. "When a new 
district is formed, the school prt^peWj/, such as houses, sites, etc., 
must be appraised, and the value thereof apportioned among 

the several districts in proportion to the amount of taxable 
10 



146 OFFICIAL AND JUDICIAL DECISIONS. 

property remaining in each district. The law requires a, prompt 
division of funds and apportionment of the value of school prop- 
erty. The appraisal and apportionment of the value of school 
property should be made at the time the nev^^ district is formed, 
and it must be made within three months. For refusal to make 
the appraisal and distribution required by law, the trustees are 
liable. (§§ 76, 77.) It will be observed that funds and prop- 
erty must be apportioned by different rules— the former on the 
basis of taxes collected, and the latter on that of the taxable 
property remaining in each district. These rules of distribu- 
tion must be strictly adhered to. When a new district is 
formed, by consolidation of two or more districts, the new dis- 
trict so formed owns all the corporate funds and property of 
the constituent districts. (§ 33.) Where a school-house be- 
longs to a district, but not the site on which it stands, the ap- 
praised value of said house must be apportioned as above. 
The fact that the district does not own the site, does not release 
it from the obligation to divide the value of the house which 
it does own, and which both districts helped to build. After 
the school property is appraised and apportioned as aforesaid, 
it is optional with the directors of the district in which the 
school-house and other property is situated, to retain the same, 
and levy a tax upon their district to pay the amount due the 
other district, or to cause the same to be sold and the proceeds 
to be apportioned as aforesaid. Should they elect to retain 
the property and fail or refuse to levy the amount due the 
other district, the trustees of the township must sell said prop- 
erty by auction or otherwise, and divide the proceeds as afore- 
said. Or the directors may be compelled, by writ of manda- 
mus, to levy the necessary tax. If the portion of territory con- 
taining the school-house is cut off from one district and attached 
to another, the former district has a valid claim to the house 
and should be allowed to move it back, or receive its value 
from the other district. This does not conflict with the spirit 
of the rule that there is to be no division of property where 
no new district is formed. It is not the intention of the law 
that any district should lose a portion of its territory and its 
school-house too. (§ 49.) 

7. Formation of Districts and Change of District Boundaries. — 
Authority to lay off townships into school districts ; to form 



OFFICIAL AND JUDICIAL DECISIONS. 147 

new districts; and to alter or change the boundaries of dis- 
tricts after thej have been established, is vested by law in 
boards of township trustees. In deciding this point, the su- 
preme court hold, the following conclusive language : 

"N"o vote of the people; no petition is required; but the 
trustees are peremptorily required to lay off the township in- 
to districts; and they are directed, in so doing, to suit the 
wishes and convenience of the inhabitants of the township. 
There being no mode provided by the act by which this is to 
be accomplished, the board must necessarily take the respon- 
sibility of deciding the question, acting upon the best lights 
before them, and exercising their best judgment. They must 
perform that duty; and their honest action cannot in this 
manner be inquired into ; and the power to alter and change 
districts, when once established, is expressly given to the 
trustees, by the same section — the only limitation being, that 
it shall be done at a regular meeting of the board." 

While no change or alteration can be made in the bounda- 
ries of school districts, except at a regular session, yet if a 
proposition to alter or change a district is presented at such 
regular meeting, but not acted on, for want of time or other 
sufficient reasons, such proposition may be taken up and dis- 
posed of at an adjourned meeting. Such an adjourned meet- 
ing is to be regarded as merely a continuation of the regular 
session. But no proposition to change the boundaries of dis- 
tricts can be considered or acted upon by the trustees at any 
adjourned meeting, unless said proposition was first submitted 
to them at a regular semi-annual meeting. The regular 
meetings of trustees may be continued from day to day, or 
adjourned to be held at any other time. Trustees are author- 
ized to divide their townships into one or more school districts, 
being governed in the number of such districts only by what 
the best interests of the township seem, in their judgment, to 
require. Districts may be established, composed of parts of 
two or more adjoining townships or counties; in which case 
the concurrence of the trustees of the interested townships is 
necessary ; but, when such districts are formed, they cannot 
be changed without the consent of a majority of the trustees 
of each township. The same parties whose concurrence is 
required in the formation of such districts, must concur also 



148 OFFICIAL AND JUDICIAL DECISIONS. 

in the dissolution or change of such districts. It is not nec- 
essary that the several boards of trustees meet together in 
joint session in order to "concur" in the sense of the act; all 
that is essential is that each board should agree to the pro- 
posed action. {Metz v. Anderson, 23 111., 463.) 

8. Schedules — Six Months' Ride — Day of Apportionment. — 
Trustees are personally liable for any loss resulting from their 
neglect to apportion upon a schedule before them which has 
been legally accredited by the directors and filed with the 
township treasurer. It is their duty to allow every schedule 
so reported and filed, its just share in the apportionment of 
the public funds in proportion to the attendance certified, ex- 
cept in cases of manifest deception or fraud, which always 
vitiates. Trustees have no more right to cut down the sched- 
ules to an average of six months, than they have to prescribe 
a uniform rate of teachers' wages in the township. They 
must apportion one-half by schedule, no matter whether one 
district has had more school than another, or not — that is no 
affair of the trustees, so far as dividing the money is concerned. 
Kor does it concern the trustees whether a special tax will be 
necessary or not, in each district ; that is the business of the 
directors. Each schedule must receive full credit for the 
"attendance certified," whether it be ten days, or ten thou- 
sand. One-half is apportioned upon the census, for the benefit 
of the weaker districts, where the attendance is less, and 
schools cannot be sustained more than six months in the year — 
the other half, upon the schedules, to encourage a full attend- 
ance, and longer terms of school. It is by no means the 
intention of the law to limit the term of school to six months, 
but to promote extension beyond that time, and as an incen- 
tive to this, each district has the benefit of such extension, in 
the increased sum apportioned upon schedule. This wise and 
excellent provision would be of no effect, if any board of 
trustees could, at will, cut down all the schedules to a mini- 
mum average, or to any other average. It is supposed by 
some that trustees cannot apportion funds on schedules cov- 
ering a less period than six months. This is an error, and 
arises from a misa<pprehension of the law requiring a six 
months' school. The six months' school may be taught at any 
time during the year— either in six consecutive months or at 



OFFICIAL AND JUDICIAL DECISIONS. 149 

different times in the year, and the trustees must apportion 
the funds upon all schedules which are returned in time, 
without regard to the number of months embraced in each 
of such schedules. The time for the return of schedules, and 
for the apportionment of the school fund upon them, is fixed 
by law and cannot be changed. Trustees must distribute the 
funds upon the very daif prescribed in the act, and must ex- 
clude from such apportionment all schedules not returned to 
them at the proper time. They have no discretion in the 
premises. The duties and powers of trustees of schools in 
the distribution of the school fund are regulated by legislative 
enactment. In that respect they have no discretion whatever. 
They must distribute this fund at the time and to the persons, 
and for the purposes directed. They are compelled to pursue 
the requirements of the law. Any schedule not delivered to 
the township treasurer at least two days before the first Mon- 
day in April and October, may be rejected. The law fixes the 
time for the return of schedules, and the trustees may law- 
fully refuse to accept any that are not returned by that time. 
{Thomas v. Trustees of Schools, 16 III., 163. Cotton v. Trustees, 
etc., 20 ML, 607. School Law, §§ 53 and 54.) 

9. Trustees may Resell Forfeited School Lands. — When de- 
fault is made in the payments due for school lands sold, and, 
to secure the townships, the trustees purchase such lands and 
secure the title in their corporate name, if said lands are re- 
sold, the trustees are the proper persons to make such sale. 
This will appear from the following considerations : 

Prior to the original sale, the title vests in the state. The 
first sale can only be made by the county superintendent. 
The original purchasers can only obtain their patents from the 
state, through the superintendent. But after the original sales 
have been efiected, and patents have been issued to the pur- 
chasers, and the title of the state has thus been alienated, it 
would seem to follow that the jurisdiction of the superintend- 
ent ceases. The state, which the superintendent represented, 
and for which he acted, having now conveyed its title, and 
vested the same in the purchasers, the official relation of the 
county superintendent to the land terminates — his agency is 
no longer needed. The owners of the land have now a per- 
fect title, and may, therefore, grant a good title to those 



150 OFFICIAL AND JUDICIAL DECISIONS. 

purchasing from them. The trustees having bought in the 
land and acquired title in the manner aforesaid, may undoubt- 
edly re-sell and convey, in their corporate name, as aforesaid. 
The law is everywhere very careful to protect school funds. 
No costs are allowed in anj' suit for the recovery of the 
school fund or any interest due thereon, when such suit is 
unsuccessful. The land in question has been once sold by 
the superintendent — he has had his commissions for selling 
it. If he may sell and re-sell the same piece of land, over and 
over again, there would be no limit to the amount of his com- 
missions. It cannot be supposed that the law contemplates 
more than one commission to the same officer for selling the 
same piece of land. If the trustees sell, no additional cost will 
be incurred, for the law does not entitle them to pay for that 
service. Sections ninety and ninety-one, do not describe this 
case — they refer to the unsold lands ; this is forfeited land. 
The power to sell is clearly given to the trustees in the forty- 
first section of the act. To accord with the spirit of the law, 
therefore, the proper construction in all cases embraced within 
the present inquiry, would seem to be: That forfeited lands, 
within two years from valuation, should be sold by the trus- 
tees, at that valuation — and, that after two years, they should 
be again valued, without petition, and sold by the trustees. 
(§§ 83 to 96.) 

10. Payment of Treasurers as Clerks. — Boards of trustees 
must make a reasonable allowance annually to township treas- 
urers, for their clerical services, to be paid out of the township 
fund. The amount so allowed must be deducted from the 
township funds, in addition to the several amounts specified 
in section thirty-four of the act, before the apportionment is 
made to districts. (§§ 34 and 72.) 

11. Title to School Property. — The title of all school-houses, 
sites, and other property, is by law expressly vested in the 
board of trustees, in their corporate name, and all deeds and 
conveyances of such property, must be made to the trustees 
for the benefit of the district. School directors cannot legally 
receive and hold such deeds and conveyances. In like manner 
all donations, grants or demises, made for the benefit of any 
district, should be conveyed through the township trustees. 
(§ 39.) 



OFFICIAL AND JUDICIAL DECISIONS. 151 

12. Who may Sell and Convey. — It follows from the prece- 
ding decision that when, in the opinion of school directors, 
the school-house, or site, or other school property, becomes 
unnecessary, unsuitable or inconvenient, the township trustees 
must sell and convey the same, and place the proceeds to the 
credit of said district. As the directors do not hold the title, 
they cannot sell the property. When district property is sold 
and conveyed by the trustees as aforesaid, the conveyance 
must be executed by the president and clerk of said board of 
trustees. Trustees should give such deeds and titles as they 
themselves hold ; if they have warranty deeds, they should 
execute the same, on sale. (§ 39.) 

13. Special District Taxes. — Township trustees have no con- 
trol whatever over special district taxes levied by orders of di- 
rectors for the benefit of their particular district. All such 
taxes are paid by the collectors directly to the township treas- 
urer, and by him passed to the credit of the proper district, 
and paid out on the order of the directors thereof. (§ 45.) 

14. Directors to take Census of Children. — As one-half of the 
township fund is to be divided among the districts in propor- 
tion to the number of children under twenty-one years of age 
in each, it is important to know upon whom the law devolves 
the duty of taking such enumeration. This duty has hereto- 
fore devolved by law upon the township trustees, but by the 
second section of the amendatory act of February 28, 1867, the 
directors of each district must take the census of children, and 
report the same to the township treasurer. 

15. Resignation. — When township trustees resign, which 
they may do at any time, their resignations should be tendered 
in writing and delivered to a member of the board, or to the 
clerk, so that there may be due evidence of the fact, and that 
immediate steps may be taken to fill the vacancy. The per- 
sistent refusal of a township trustee to serve may be regarded 
as equivalent to a resignation ; or, he may be compelled by 
mandamus to discharge the duties required of him by law. 

16. Mast Pay Over Funds. — Township trustees must cause 
all moneys for the use of the township to be paid over to the 
township treasurer; he is the only legal custodian of said funds, 
and he only is under bonds for their security. The retaining 
of any portion of such funds in their own hands, by the trust- 



152 ornciAL and judicial decisions. 

ees, or permitting the same to be retained or held by any 
other person, except the township treasurer, is a violation of 
law for which they are liable. (§§ 40, 62, et at.) 

17. Must Sell Lands hy Public Auction. — All lands coming 
into the possession of township trustees must, when sold, be ap- 
praised and sold by public auction, the same as common school 
lands ; they cannot legally be sold at private sale. In all such 
cases the trustees are the proper persons to advertise the sale, 
since the title vests in them. They may employ the services 
of the county superintendent as their agent to conduct the 
sale and make out the papers, etc., if they see fit ; but the duty 
of the trustees to advertise and their right as trustees to sell, 
are too plain for doubt. (§§ 41, and 83 to 96.) 

18. No Petition Necessary. — "When trustees of schools fore- 
close a mortgage and obtain a master's deed to a piece of land, 
they may sell said land at any time, by giving the notice re- 
quired in section eighty-seven. JSTo petition of the inhabitants 
of the township is necessary. A petition is required in order 
to sell the sixteenth, or common school section, but in no other 
case. (§ 41.) 

19. Cayinot Withdraw Funds from Treasurer. — Township 
trustees have no right whatever to withdraw the bonds, notes, 
mortgages, moneys and effects, denominated the principal of 
the township fund, nor the funds subject to distribution, from 
the custody of the township treasurer, and deposit the same in 
a bank, or other place of supposed greater safety, or for any 
other purpose. If they do, they are individually liable in case 
of loss. By section sixty-two, the treasurer, upon the execu- 
tion and approval of his bond, " sliall demand, receive, and safely 
keep, all moneys, books and papers of every description belong- 
ing to his township." Section fortydeclares that trustees '■'■shall 
cause all moneys, etc., to be paid over to the township treas- 
,urer." The safety of the funds and effects of the township is 
in the sufficiency of the treasurer's penal bond, and of his se- 
curities; not in the supposed material strength of the place 
of deposit. The treasurer takes that risk. If trustees take 
an insufficient bond, or accept inadequate securities, section 
seventy-four, makes them individually liable. They may in- 
crease the securities to any necessary extent, but they cannot 
withdraw the funds and papers. 



OFFICIAL AND JUDICIAL DECISIONS. 153 

20. Cannot Release Securities on Treasicrer^s Bond. — Townslaip 
trustees have no power whatever to release the securities of a 
township treasurer from their liability on his bond. If suit is 
brought against a township treasurer, by action of debt on his 
bond, and judgment is obtained and execution issued, and no 
property of treasurer is found out of which to make the debt, 
and recourse is had upon the property of his bondsmen, the 
trustees cannot, under any circumstances whatever, make an 
order releasing said bondsmen, and requiring the officer to de- 
sist from making the money out of their property. By so do- 
ing they become themselves liable, jointly and severally, in an 
action on the case, for the whole amount of the debt, lost by 
their official misconduct ; and the same can be recovered in an 
action brought by the county superintendent, for the use of 
the proper township. A creditor cannot release one or two 
joint debtors and retain a legal obligation against the other. 
This the law will allow no ingenuity of language to effect. It 
is either a release of both, or it is of no benefit to either. 
{Rice V. Webster et al, 18 III, 332. School Law, 1865, §§ 64, 
74, etc.) 

21. A])portionment of Funds — How and When. — One-half of 
the funds on hand the first Monday of April, in any year, 
must be apportioned upon schedules of schools taught since 
the first Monday of the preceding October; and one-half of 
the money on hand on the first Monday of October of any 
year, must be apportioned upon schedules of schools taught 
since the first Monday of the preceding April. The trust- 
ees, at their meeting the first Monday of April, have no right 
to make distribution upon the schedule of any school taught 
jprior to the first Monday of the preceding October. All 
schedules made between the first Monday of October, and the 
ensuing April meeting of the trustees, must be presented at 
said April meeting, and distribution made thereon, or they 
are barred by limitation ; and so of all schedules made 
between the first Monday of April and the ensuing October 
meeting of the trustees ; they must be acted upon at said 
meeting, or not at all. 

The six months' rule of the law, having reference always to 
the preceding school year, and the school year always beginning 
October 1, and ending September 30, the trustees can always 



154 OFFICIAL AND JUDICIAL DECISIONS. 

know with absolute certainty, whether any given district is, 
or is not, entitled to its distributive share of the public fund. 
When a schedule is presented to the board, on the first Mon- 
day of April, the trustees have simply to see whether the 
district from which said schedule came, had, or had not, main- 
tained a six months' school during the school year ending the 
30th day of the preceding September. This they can ascertain 
from the schedules on tile in the office of the township treas- 
urer. In a word, any district having a six mouths' school 
during the school year ending September 30, of any year, is 
entitled to its distributive share of public funds, both upon 
census, and upon any and all schedules presented, the follow- 
ing April or October. 

'Noapportionyneni can ever be made upon the same schedule 
but once. By apportionment is meant the ascertaining, from 
the attendance certified in the schedules, what portion of the 
public funds each district is entitled to. It does not mean 
payment, but division, or distribution, preparatory to payment. 
The trustees apportion the funds; the treasurer pays them out, upon 
the orders of the directors. When apportionment has once 
been made upon a given schedule, that ends the matter, the 
trustees can never use said schedule again; it is dead, and 
must be filed away by the treasurer among the other dead 
papers of his oflice. It is of no further account or value, ex- 
cept as evidence of past transactions, for which purpose alone 
it is preserved among the other archives of the treasurer's 
office. Schedules must be filed with the township treasurer 
on or before the day fixed by law, viz., two days before the 
first Monday in April and October. The language is per- 
emptory. (^Cotton V. Eeed et at, 20 III., 608. School Law 1865, 
§§ 53 and 54.) 

22. May Teach in Toivnship. — It is held that a township 
trustee may lawfully teach a school in his own township. It 
is not in conflict with any provision of the school law, properly 
interpreted. 

23. Afpraisal of School Property. — As stated elsewhere in 
this work, no division of funds or property is required when a 
portion of territory is detached from one district and attached 
to another, but only when a new district is established. When 
a new district is formed, the law (§ 33), makes it the duty of 



OFFICIAL AND JUDICIAL DECISIONS. 155 

the township trustees to appraise the school property of the old 
district or districts, but does not specify the particular manner 
in which it shall be done. It is only provided that it shall be 
done "in a just and equitable manner." The object is simply 
to make a fair estimate of the prese7it value of the sehoul prop- 
erty. Of course, the directors and people of the district own- 
ing the property, are the most interested parties. If they are 
satistied to allow the trustees to set a value on the property, as is 
generally the case, and as the law contemplates, well and good. 
If not, then the following is suggested as convenient and equi- 
table: Let the trustees select some disinterested person as 
an appraiser; let the directors of the district owning the prop- 
erty, select a second person, and they two a third. A similar 
course may be pursued, if necessary, when the new district is 
formed out of parts of two or more districts; or out of terri- 
tory lying in more than one township. It is due to the people 
of the old district, and to fairness, that the appraisers should 
all be free from any personal, interest or bias in the matter. 
After the present worth of the property is determined, the law 
prescribes the basis upon which said estimated value shall be 
distributed between the two (or more) districts, viz: "in pro- 
portion to the amount of taxable property remaining in each." 
The appraisement, in whatever manner the trustees may 
make it or cause it to be made, is final and conclusive, as is also 
the distribution of the appraised value among the districts 
concerned. After the whole matter has been determined and 
adjusted by the trustees, it is optional with the directors of 
the district in which the school-house is situated, to accept 
the terms proposed, or not. If they accept, they must pay 
the other district the sum adjudged to be its due, or levy a tax 
for that purpose, if necessar3^ If they refuse to accept the 
terms within the time fixed by law, (three months), or, after 
having accepted them, neglect or refuse to pay or to provide 
for the payment of what is due the other district, then the 
trustees may order the whole property sold by auction to the 
highest bidder, and divide the proceeds of the sale between 
the districts on the basis provided by law. Or the recusant 
directors may be compelled, by writ of mandamy.s, on the suit 
of the trustees, to levy a tax sufficient to pay what is due the 
other district. (§ 49.) School-houses and sites, and all other 



156 OFFICIAL AND JUDICIAL DECISIONS. 

school property belonging to a district at the time of its divi- 
sion, are held to come within the meaning of the term "prop- 
erty," as used in. section thirty-three. The appraisal and 
division must be made within three months from the forma- 
tion of the new district. 

24. Failure to Organize in Ten Days. — The provision of the 
twenty-third section of the act which requires trustees elect to 
meet, organize, draw lots, etc., within ten days, is to be un- 
derstood as advisory, not mandatory. That is, if the election 
was legally conducted, failure to meet and organize within 
ten days does not make the election void ; the trustees elect 
are legally in office and must be recognized as such. Failure 
to meet in ten days does not, ipso facto, vacate their offices, or 
authorize the treasurer to order another election. The object 
of the meeting is to determine their respective terms of office, 
etc., not to qualify for office. If the statute made the draw- 
ing of lots within ten days a condition of holding the office 
of trustee, non-compliance would vacate the office. But the 
law imposes no such condition ; the requirement to meet in 
ten days is for a wholly different purpose, and while failure to 
do so renders the trustees elect liable to the penalties pre- 
scribed for non-performance of duty, (§ 76), it does not vitiate 
the election, or work a forfeiture of office. The right to hold 
said office is conferred by the election. After the poll book and 
certificate of the judges have been delivered to the county 
superintendent, the persons therein named are legally trustees 
of schools, to all intents and purposes, and can only cease to be 
such by death, resignation, or the setting aside of the election 
by due course of law. 

25. May Purchase Books, etc., for Districts. — It is impera- 
tively necessary that every board of school directors should 
have suitable books, blanks, etc., for the proper transaction ol 
the public business of their respective districts. This em- 
braces whatever is necessary for keeping a faithful and uni- 
form record of their official proceedings and financial accounts, 
or for instruction in regard to their public duties. By section 
forty-two, directors are authorized and required to procure 
such books, and pay for them out of the district funds. If 
they neglect or refuse to do so, it is held that the township 
trustees, in virtue of their general supervisory relations and 



OFFICIAL AND JUDICIAL DECISIONS. 157 

duties to the scliool interests of the whole township, may pro- 
cure the necessary books, etc., and deduct the cost of the same 
from the township fund, prior to distribution. It would secure 
uniformity in the business records of the districts, while the 
cost to each district would be less than if each district procured 
its own, as the books can always be obtained cheaper by the 
quantity. But the right of the trustees to purchase accrues 
only upon the refusal or neglect of the directors, and must be 
restricted to articles authorized or warranted by law. 

26. Camiot Loan Distributable Funds. — Funds liable to dis- 
tribution cannot be loaned by the trustees under any circum- 
stances. Section sixty-six of the new school law is clear and 
positive on that point. After moneys have once been appor- 
tioned, they must remain subject to the order of the proper 
district, or, if for any reason, such as the disorganization of a 
district, etc., funds so apportioned should not be called for, 
they must be re-apportioned to the other districts — they can- 
not be loaned as principal. On the other hand, no part of 
the principal of the township fund can be distributed or used 
under any circumstances whatever. (§ QG.) 

27. Mai/ Remove Treasurer. — The statute gives to the trust- 
ees power to remove the treasurer at pleasure, and the ap- 
pointment of another person is, of itself a removal of the in- 
cumbent from that office. {School Law 1865, §§ 32 and 40. 
Holhrook et at. v. Township Trustees, 22 III., 544.) 

28. Two Members a Quorum. — The law (§ 32) constitutes two 
members of the board of trustees a quorum to transact busi- 
ness, and when they concur in any act which the board may 
legally perform, no reason is perceived why the act is not as 
legally binding as if all were present. When the legislature 
designated that number as a quorum for the transaction of 
business, it conferred upon them full power to perform all the 
duties of the board. If a legal act is concurred in by two 
members, said act cannot be inquired into on the ground that 
the third member was not notified, or that there was a vacancy 
in the board, or that it was not done at a stated or special 
meeting duly called by the proper officers or persons. Regu- 
larity of procedure in other respects must be presumed from 
the fact of concurrence by a legal quorum. (Schofield et al. v. 
Watkins et al. 22 III, 72.) 



158 OFFICIAL AND JUDICIAL DECISIONS. 

29. Liahilities. — For each and every failure to discharge the 
duties enjoined upon them, or either of them, at the time and 
in the manner required by the provisions of the law, township 
trustees are liable to a fine of twenty-five dollars ; and for each 
and every failure or refusal to make due returns of the num- 
ber of children in their township, as required by law ; and for 
ever}" false return, knowingly made, the trustee, or trustees, so 
ofi'ending, are liable to a special penalty of not less than ten 
dollars, nor more than one hundred dollars; and township 
trustees are also liable, jointly and severally, for the sufiiciency 
of the securities taken from township treasurers; and for all 
losses incurred by their neglect of duty. (§§ 74, 76 and 11.) 

30. When Funds are not in Hand in Season for Apportionment. — 
School funds can only be apportioned by trustees on the very 
days fixed by law. As a rule, trustees should not apportion 
funds which are not actually in hand, but if, from unavoidable 
necessity, school funds due in April or October, are not received 
at that time, I think trustees would be authorized to apportion, 
in advance, and on the days fixed by law, such part of said 
funds as may he safely and surely relied upon. Said funds may 
then be paid out to the creditors of the district, as soon as re- 
ceived, instead of compelling said creditors to wait six months, 
till next apportionment day. But this course is only warranta- 
ble in special emergencies, or unavoidable delays, as aforesaid. 

31. Forfeiture of Schedule. — A six months' school is the es- 
sential condition of receiving the public school fund. If a 
district complies with this condition, but fails to return one of 
the schedules, said schedule is forfeited ; but if the trustees are 
satisfied from other evidence that the six months' school has 
been kept, they cannot exclude said district from the appor- 
tionment the succeeding year. 

32. Apportionment on Census. — Schools may be taught, either 
in six consecutive months, or in difl'erent portions of the year. 
If a school is kept from October to April, consecutively, but 
DO more, it is nevertheless entitled to its proper share of the 
one-half of the public money appropriated on census the fol- 
lowing October, and in the same manner, if the school should 
be taught continuously from April to October. Compliance 
with the six months' rule entitles a district to all the benefits 
of the public fund. 



OFFICIAL AND JUDICIAL DECISIONS. 159 

33. School Taxes Collected from Persons of Color. — In town- 
ships where there are persons of color, a portion of the school 
fund equal to the amount of all school taxes, of every description, 
collected from such persons of color, must be allowed them, 
unless by consent, the children of a colored tax-payer are al- 
lowed to attend the public schools, in which case such tax-payer 
would have no just claim to receive back the school taxes paid 
by him. The requirement to refund is peremptory, and can be 
enforced by law. It is not conditioned upon demand being 
made by the colored tax-payers; it is the duty of the trustees 
to ascertain the facts, and refund accordingly; either to the 
individual tax-payers, or to some one of their number, who may 
be found authorized to receive the money. It is hoped that 
no board of trustees in the state is capable of the disgrace of 
withholding funds collected from colored persons, and expend- 
ing the same for the support of schools from which the chil- 
dren of said colored tax-payers are excluded. 

34. Principal of Township Fund. — The entire interest of the 
township fund on hand must be distributed in April and Octo- 
ber. It has been supposed, from section sixty-two of the act, 
that boards of trustees have some discretion in the matter, and 
may in some cases set apart a portion of said interest to be 
added to the principal. This is a mistake. A subsequent sec- 
tion, (66,) declares that no part of the interest of the township 
fund shall be carried to the principal, but that the whole of such 
interest, rents, profits, etc., shall be distributed semi-annually; 
and the requirements of section sixty-six must govern. 

All fines and penalties collected from trespassers upon com- 
mon school lands must, however, be added to the principal of 
the township fund. [See first part of § 82.) So, also, the amount 
collected from purchasers of school lands, for failure to secure 
the payment of the purchase money, as required by law, must 
be added to the principal of the township fund. {See § 89.) 

35. When Districts are Divided Pending Terms of School. — 
Trustees may change the boundaries of districts at any regu- 
lar meeting, but regard should always be had, as far as possi- 
ble, to existing and unexpired contracts between directors and 
teachers. Except in cases where immediate action is neces- 
sary, the trustees should not abolish districts or cause school- 
houses to be removed or sold, before the expiration of the 



160 OFFICIAL AND JUDICIAL DECISIONS. 

terms of schools that are being taught therein. The rights of 
parties under contracts previously made, should be respected. 
In eases where schools are in progress in districts affected by 
the action of the trustees, such action should, when practica- 
ble, be made to take effect after the close of such schools. But 
if a district is actually abolished, by attaching its territory to 
another district or districts, during a term of school, or if the 
school is broken up by the sale or removal of the school-house, 
or in any other manner, by the action of the township trustees; 
the directors of the district or districts receiving the territory 
and property of the district so abolished or broken up, are lia- 
ble to the teacher for the full amount of his wages under his 
contract with the directors of the abolished district. The ob- 
ligations of a legal contract are sacred, and cannot be impaired 
by the action of other parties. If a teacher is employed for 
three or six months, at a stipulated sum, and begins his school 
and stands ready to fulfill his agreement in good faith, his 
claim to the full amount of his wages is just and valid. And 
if the board of directors who employed him and who are re- 
sponsible for his wages, is abolished, their liability is trans- 
ferred to the other board or boards, and the teacher has re- 
course upon them for his wages. The same principle applies 
where a district is divided and a portion set off to another 
district, one or more of the directors being residents of the 
portion set off. The persons elected to fill the vacancies are 
bound to respect the contract of the teacher, the same as the 
original directors. So also when a new district is formed out 
of an old one having funds on hand, but specifically set apart 
to the payment of a teacher then engaged in teaching, the 
funds so set apart should not be divided, but applied to said 
specific purpose. The provisions of the thirty-third section, 
in this respect, should be understood as applying only to funds 
not already specifically appropriated. 

36. Division of Townships and Township Funds. — The leg- 
islature onli/ has power to unite or divide congressional 
townships and their school funds. It cannot be done by the 
respective boards of trustees, or by the voters resident in the 
territory concerned. When congressional townships are di- 
vided by the town lines established by the board of supervi- 
sors, the school funds of said townships cannot be divided 



OFFICIAL AND JUDICIAL DECISIONS. 161 

without application to the legislature for authority. (Green- 
leaf V. Township Trustees, 22 III., 236.) 

37. Distribution of Township Funds to School Districts Created 
by Special Ads. — When a school district is created by an act of 
the legislature, and the principal of the township school fund 
is not divided, the claim of the inhabitants embraced in the 
limits of the district so created, to a just share of the interest 
of the township funds, is not impaired. And since the school 
authorities of such districts are not required to make return 
to the trustees, of the schedules required by general law, 
the data upon which apportionment is made by the trustees 
must be obtained in some other way. In such cases, there- 
fore, the board of education, or other authorities created by the 
special act, will make returns, duly certified, to the trustees of 
the township or townships out of which the special district is 
created, of the number of persons under twenty-one years of 
age in such district, and also of abstracts of the attendance in 
the schools of said district, as shown by the registers of the 
teachers. These returns will furnish the respective boards of 
township trustees with the means of making an apportionment 
to said special district upon the basis required by the thirty- 
fourth section of the general law. 

38. Not Disqualified — How. — The fact that a person has been 
a borrower of the township school fund, and still retains the 
same, does not render him ineligible to the oflice of trustee ; 
but after a person has been elected trustee he cannot become 
a borrower of the school fund of his township. 

39. Action secured ly Fraud may be Rescinded at a Special 
Meeting. — District boundaries can be changed at stated meet- 
ings only. ( § 33.) But if such change is made in com- 
pliance with what seems to be an honest petition of the 
inhabitants of the territory concerned, and it subsequently 
appears that said petition was fraudulently gotten np, with 
the motive and design to deceive, and that the signatures to it 
were obtained by false representations, and that the action so 
procured is violative of the rights of individuals and detri- 
mental to the educational interests of the township, the 
trustees may rescind such action at a special meeting called 
for the purpose. So, also, when the metes and bounds of a 

new district are, by inadvertence or otherwise, erroneously 
11 



162 OFFICIAL AND JUDICIAL DECISIONS. 

given, the error may be corrected at a special meeting without a 
violation of the intent and meaning of the act in relation to chang- 
ing the boundaries of districts. It is a maxim of law that for 
every evil there must be an adequate remedy. 

40. Division of School Pro'perty — Latest Assessment to be Taken 
as Basis. — When a new district is created, it is the duty of the 
trustees to estimate the present value of the school property, and 
hence, in determining the proportion of said value due each district 
concerned, the latest assessment of taxable property must be taken 
as the basis of division, both of the funds and property. (§ 33.) 

41. Payment of Forfeited Schedules. — If a schedule is not 
filed with the township treasurer in time for the semi-annual dis- 
tribution of the public funds, the amount of the public money to 
which such schedule would have been entitled is forever forfeited^ — 
no apportionment can ever thereafter be made by the trustees 
upon that schedule. But if the schedule was kept and made out 
and certified in due form of law ; and if the teacher had a valid 
certificate of qualifications during the whole time embraced in the 
schedule ; and if the school was conducted in all respects accord- 
ing to law — then the amount due on said schedule may be paid 
from the special tax funds of the district, or a special district tax 
may be levied to pay said amount. The forfeiture (all the condi- 
tions being as herein-before stated), does not apply to the local 
district tax funds, but only to the funds apportioned by the town- 
ship trustees. 

42. Liability in Certain Cases. — Newly created school districts 
sometimes suiFer loss by the neglect or refusal of boards of trustees : 

I. To divide the school property within the time required by 
law; and, 

II. To file, or cause to be filed, with the county clerk, a map 
showing the change of district boundaries in their respective 
townships. 

It is important to trace the legal effect of such default in each 
of the above-mentioned cases, and to see how and upon whom 
liability attaches, therefore : 

1. By the thirty-third section of the act, when a new district 
is formed from one or more districts, it is made the imperative duty 
of the trustees of the township or townships concerned, to see that 
the new district receives an equitable share of the estimated value 
of all the school property of the district or districts out of whose 



OFFICIAL AND JUDICIAL DECISIONS. 163 

territory the new district is created. This provision of the hiw is 
grounded upon the just and reasonable principle that the inhabi- 
tants of the new district, having contributed their proportion of 
the taxes by means of which the property of the old districts was 
acquired, should receive a like proportion of the value of said 
property in order to assist them in the organization of, and the 
support of schools in, their newly established district. The claim 
of the new district is clear and unquestionable. 

But how and through whom is the new district to receive what 
is due? The question is answered in the statute: "All school 
property belonging to the district or districts out of which the 
new district is formed, shall be appraised in a just and equitable 
manner, and the estimated value shall be distributed hy the trustees 
among the districts concerned, in proportion to the amount of taxable 
property remaining in each^ The agents by whom, and the man- 
ner in which, the new district is to obtain its share of the common 
property, are here clearly pointed out. The trustees are the 
agents by whom, and the taxable property is the basis, upon 
which, the distribution must be made. Is there no other way or 
manner by which the new district can obtain what the law allows 
it? None whatever. The business can only be done by the 
trustees. 

Are there any limits of time within which the trustees must act? 
There are: "Provided," says the law, "that the school property 
shall be appraised and apportioned as aforesaid within three months 
from the formation of such new district." Is this language man- 
datory, or directory merely? It is clearly mandatory: "The 
school property shall be appraised, etc., within three months." 

But does the liability of the trustees end with their failure to di- 
vide the property ? Not at all. Their liability remains, and upon 
them the new district would seem to have recourse for the amount 
of the loss sustained by their failure to divide the property within 
the prescribed time. To suppose that an officer may wilfully neg- 
lect or refuse to perform the trust duties committed to him, until 
such performance is barred by limitation of time, and then plead 
the fact of such limitation as a ground of non-liability and impu- 
nity, would be to trifle with the language of the statute, and per- 
vert the plainest maxims governing trust relations and duties. 

Here is a property right clearly and expressly conferred by law. 
Certain officers, namely, the board of school trustees, are com- 



164 OFFICIAL AND JUDICIAL DECISIONS. 

manded to take proper steps to secure that right to the party en- 
titled thereto. The mode of procedure is prescribed, in detail, in 
the statute. The officers are clothed with all necessary powers, 
both explicit and discretionary, to enable them to execute the trust. 
The only limitation is that it must be done within three months. 
The party entitled to the benefit, namely, the directors of the new 
district, cannot act in the matter for themselves ; they must receive 
what is due, through the trustees only ; they have no other resource. 
The fiduciary revelations of the trustees to the directors of the 
new district, are thus clearly established, and if they wilfully fail 
or refuse to discharge their trust duties, in the manner, and within 
the time prescribed by law, they cannot escape the just consequen- 
ces of their own conduct. 

What are those consequences ? The answer is given in the 
seventy-seventh section of the act. 

"Trustees of schools, or either of them, and any other officer 
having charge of school funds or property, shall be responsible for 
all losses sustained by any school fund, by reason of any failure on 
his or their part, to perform the duties required of him or them hy 
this act, and the amount thereof may be recovered in a civil action 
before any court having jurisdiction thereof, at the suit of the 
state of Illinois, for the use of the fund injured." What school 
fund is injured in this case ? That of the new district. How is 
it injured ? By reason of the failure of the trustees to perform 
the duties required of them by the school law. To what amount 
is it injured? To the amount to which the new district would have 
been entitled, and which it would have received, if the trustees 
had divided the property as required by law. 

It should be remarked that it is held by the state superintend- 
ent that a new district may formally waive or surrender its claim 
to an interest in the value of the common school property, if it sees 
fit to do so ; in which case the trustees would, of course, be ex- 
cusable for not dividing the property, but in no other case. 

This is a personal and not an official liability ; not a liability 
created by them in pursuance of law, for which their successors 
would be responsible ; but a liability in the nature of a penalty 
imposed on them by the law for not acting in pursuance of its pro- 
visions. If the original board of trustees were still in office, they 
could not be proceeded against as a board, but only as individuals ; 
and it does not need to be said that the remedy for illegal acts 






OFriCIAL AND JUDICIAL DECISIONS. 165 

done, or imperative duties wilfully and injuriously omitted, by per- 
sons while in office, is not lost by the retirement of such persons 
from office. An ex-trustee is as liable for actionable conduct while 
in office, as is a present and acting trustee for similar conduct. 

2. The same principles apply when the trustees neglect or re- 
fuse to prepare and file a map showing the boundaries of the new 
district. 

By section forty-four of the school law, school directors are re- 
quired to file with the township treasurer of the township in which 
the district is situated, on or before the first Monday of September, 
a certificate of the rate per cent, required to be levied on the taxa- 
ble property of their district, as a special tax for school purposes : 
By the same section the township treasurer is required to file the 
tax certificates, received from the directors, with the clerk of the 
county court, on or before the second Monday of September. The 
county clerk must be governed by the official and duly certified 
maps of district boundaries on file in his office. In no other pos- 
sible way can he know what tracts of land and other property be- 
long to, and are taxable in, the respective districts of each town- 
ship. He cannot be presumed to have, or required to obtain, any 
other information on this subject than that which is of record in 
his office ; he could not legally act upon any other data. The law, 
(§ 33) makes it a part of the official duties of boards of trustees 
to furnish such maps, and to prepare and file new ones as often as 
any changes of district boundaries are made. 

If, therefore, they neglect or fail to perform this plain duty, and 
the new district, in consequence of such failure, loses the tax- 
money which it would otherwise have received, they would seem 
clearly liable, under the seventy-seventh section of the act, for the 
loss sustained. It cannot be that for such a wrong there is no 
remedy, and it is not possible to fasten the responsibility upon any 
other parties. The directors filed their certificate in due season ; 
the treasurer placed it in the hands of the county clerk within the 
time fixed by law ; the clerk received the certificate, but, having 
no legal knowledge of any change of boundaries or that any new 
district had been formed, he did not levy the tax. The responsi- 
bility comes directly back to the trustees, and cannot be shaken 
off. They have disregarded a peremptory requirement of the 
statute, and must abide the consequences. The liability, as in the 
former case, is an individual, not a corporate liability. 



166 OFnCIAL AND JUDICIAL DECISIONS. 

This principle is not confined to the case of a new district, but 
attaches whenever any changes are made in district boundaries, 
whether a new district is formed or not. " Trustees of schools 
shall prepare, or cause to be prepared, a map of their township, as 
often as may be necessary, on which map shall be designated dis- 
trict or districts to be styled, .... which districts they may alter 
or change at any regular session ; which map shall be certified by 
the president and clerk of the board, and filed with and recorded 
by the county clerk, in a book to be kept for that purpose." A 
new map is to be made and filed " as often as may be necessary ; " 
that is, as often as any changes whatever are made in the bounda- 
ries of any district; for, by every such change, however slight, 
taxable property is transferred from one district to another, and 
unless the county clerk is apprised of the fact he cannot correctly 
extend the tax — he must be governed by the recorded plats of the 
townships, on file in his office. 

The error cannot be corrected the following year, by taxing that 
part of the property of the district which was exempted the year 
before, the same rate that was levied upon the other portion of the 
district, and thus equalize the burden ; because all district school 
taxes must be uniform. (§ 45.) A school district is the smallest unit 
of territory known to the law ; if any part is taxed, the whole 
must be taxed, and whatever rate is levied ujDon one part, must 
be levied upon every part — there must be one uniform rate upon 
the property of the whole district, regardless of township lines. 
The only remedy is, therefore, against the trustees by whose neg- 
lect of a positive duty the loss was incurred. 

When a district is composed of territory lying partly in two 
different townships, the directors should, properly, file separate 
certificates of the rate of taxation and names of tax-payers, with 
each of the township treasurers — this would be the regular 
course of proceeding. But it is held that this is not essential to 
the validity of the tax. The law provides in the case of such dis- 
tricts, (§ 45) that the directors shall designate which of the 
treasurers shall receive the tax money of the whole district, and it 
is reasonable to suppose that both of the tax certificates may be 
returned to the one treasurer so designated. In fact, the provision 
requiring said certificates to be returned to the county clerk 
through the township treasurer, would seem to be directory only. 
If they should be handed to the clerk by the directors themselves, 



OFFICIAL AND JUDICIAL DECISIONS. 167 

without passing through the hands of the treasurer, and the clerk 
should receive them, and place the tax, as certified, upon the 
books of the collector, it is not believed that the tax vrould be held 
illegal or that its collection could be resisted, merely because the 
certificates of the rate per cent, did not reach the county clerk 
through a particular channel. The only essential point is that the 
certificates shall be in legal form, and filed v^ith the county clerk 
in due season. 

The argument in this case has proceeded upon the presumption 
that the proper initial remedy Is by an action against the trustees 
and not by writ of mandamus, since the principle seems to be well 
settled that a mandamus lies only where there is no other remedy 
at laiv. [10 Wendell, 395.] This principle has been distinctly and 
repeatedly affirmed by our own court of last resort. The right of 
the party claiming the writ of mandamus must be clear and certain, 
absolute and positive, perfect and complete ; and he must have no 
other remedy by which he can obtain it. [ The People v. Forquer, 
Breese, 104.] A writ of mandamus should show that the relator 
has no other remedy. It is only granted in extraordinary cases, 
where, without it, there would be a failure of justice. If the 
party has sought, or may seek, other means of redress, the writ 
should be denied. \_jScJiooI Inspectors of Peoria, v. Grrove, 20 III. 
626.] But in both the cases which have been considered, the 
party has, it Is believed, other means of redress, and it would seem 
that those means should first be exhausted before recourse can be 
had tt mandamus. In the case of McCullogh v. the Mayor, &c. 
of Brooklyn, 3 Wend. 458, it is held that although as a general 
rule a mandamus will not lie where the party has another remedy, 
it is not universally true In relation to corporations and ministerial 
officers ; notwithstanding they may be liable in an action on the 
case for a neglect of duty, they may be compelled by mandamus to 
exercise their functions accordino; to law. But although the divi- 
slon of the school property and preparing township maps are 
properly ministerial and not judicial acts, the remedy provided in 
the seventy-seventh section of the act should, it is believed, be 
first resorted to ; and then, if the action should prove of no avail, 
the writ of mandamus would still lie. It may be objected to the 
view which has been taken, that section seventy-seven applies only 
to funds and property actually in the hands or custody of the 
trustees, and not to funds which never really came into their pos- 



168 ornciAL and judicial decisions. 

session, and to which they sustain merely certain official relations. 
To this it may be replied, that the school property concerned is 
"in charge " of the trustees to all intents and purposes ; and that, 
by section fifty-four of the act, school directors are expressly de- 
clared to " be personally liable for any loss sustained by the 
teacher through their failure to deliver the schedule to the township 
treasurer within the time fixed by law " — that is, they are liable 
for the loss sustained by other parties by reason of their failure to 
perform certain prescribed ministerial duties — being precisely the 
game circumstances and relations under which the trustees are be- 
lieved to be held responsible by the seventy-seventh section ; it is 
in each case a " loss sustained by reason of failure to perform the 
duties required by this act." I may add, that the foregoing opin- 
ion was submitted, in manuscript, to the attorney-general of the 
state, and received his approval. 



OFFICIAL AND JUDICIAL DECISIONS. 169 



ni. TOWNSHIP TllEASURERS. 

1. Township Treasurer's Bond. — Every township treasurer, 
before entering upon Ms duties, must execute a bond. If a 
treasurer serve two years and is re-appointed, be must execute 
a new bond. If he resign or is removed, and another treas- 
urer is appointed, said treasurer must execute a new bond. 
Every bond must have at least two responsible freeholders as 
securities, who shall not be members of the board of trustees. 
Every bond must be approved and accepted by at least two 
members of the board of trustees. The penalty of every 
bond must be at least twice the amount of the moneys, notes, 
mortgages and effects in the custody, or to be in the custody, 
of the township treasurer. Township treasurers are appointed 
for iiDO years, and until their successors are appointed. 
{School Lau\ 1865, § 32.) "When a new board of trustees is 
elected, the old treasurer continues in office unless said 
board see fit to appoint a successor, in which case the succes- 
sor so appointed must execute a neiv bond and will hold the 
office for two years from date of appointment, or until his suc- 
cessor is aj^pointed and qualified, as aforesaid. It will thus be 
seen that it is optional with a new board of trustees to appoint 
a new treasurer, or continue the old one ; and if they decide 
to make no change, then the former treasurer goes right on 
the same as if no new board had been elected. No appoint- 
ment, or re-appointment is required until the expiration of 
the two years for which the treasurer gave bonds. The two 
years always date from appoi7itment, and not from the election 
of trustees. A new treasurer must always execute a netv hojid^ 
and all bonds must be renewed every two years. (§ 55.) 

2. Form of Bond. — Every township treasurer's bond must 
be in the form prescribed by law. (§ 55.) In the second line 
of the form of bond the blank after the words "unto the 
board of" should be filled as follows : "Trustees of schools 
©f township No. — , Range No. — ;" giving definitely the 



170 OFFICIAL AND JUDICIAL DECISIONS. 

township and range. The blank is sometimes filled with the 
single word "Trustees," which is too vague. There are a 
great many boards of trustees in the county; and unless the 
blank is filled with a complete description of the township, as 
above suggested, there is nothing to show the particular board 
of trustees to whom the treasurer is holden, nor what particu- 
lar board would be authorized to sue him on his bond for 
malfeasance in, ofiice, as provided in section sixty-four, et al. 
The blank in the second line of the form should, therefore, be 
filled as specifically as that in the eighth line, that the identity 
of the two may be manifest. 

3. Must he Executed or Renewed Before Funds Can he Paid. — 
The due execution and approval of a bond, and delivery of 
the same to the county superintendent, are conditions prece- 
dent to the lawful payment of any school funds to a township 
treasurer. The language of the law is, "that no part of the 
state, county, or other school fund, shall be paid to any town- 
ship treasurer, or other person authorized by said treasurer, 
unless said township treasurer has filed his bond as required 
by the fifty-fifth section of the act, nor, in case said treasurer 
is re-appointed by the trustees, unless he shall have renewed 
his bond and filed the same as aforesaid." (§ 16.) 

4. Must Demand and Keep Township Funds. — It is the right 
and duty of township treasurers to demand that all moneys, 
books and papers of every description, belonging to his town- 
ship, be delivered to him, and he must receive and safely keep 
the same according to law. (§ 62.) 

5. Are the Legal Custodians' of all District Funds. — Township 
treasurers are the legal custodians, not only of all. township 
funds, but of all district funds, including money borrowed under 
section forty-seven ; and such district funds must therefore be 
left in their hands until they are drawn out, upon legal orders 
of the directors. No money can legally reach the directors or 
their creditors, through any other channel than the township 
treasurer. He is the only township school officer who is un- 
der penal bonds for the safe keeping of the funds. The prac- 
tice, therefore, of presenting orders for district tax money, to 
the town or county collector, and drawing payment thereon, 
before the money has passed into the hands of the township 
treasurer, is in direct conflict with both the spirit and letter of 



OFFICIAL AND JUDICIAL DECISIONS. 171 

the law, as expressed in sections thirty-four, forty and forty- 
five, of the act, and must be discontinued. It is a manifest 
infringement of the official rights and duties of the township 
treasurer— is often unjust to a portion of the districts in the 
township, and is fraught with danger to the safety of the funds. 

6. Must Keep Funds at Interest — Township treasurers are 
required to keep the principal of their respective township 
funds constantly loaned at interest, and no part of said princi- 
pal can be permitted to remain unproductive, without a viola- 
tion of law. (§ 62.) 

7. Mai/ Loan Funds at from Six to Ten Per Cent. — Town- 
ship treasurers are authorized to loan the principal of the town- 
ship fund, at a rate of interest not less than six per cent., nor 
more than ten per cent, per annum, payable half-yearly in ad- 
vance. N'o action of the board of trustees is necessary to war- 
rant loans at ten per cent., that being the maximum rate allowed 
by law; but no loans can be made at a rate of interest less 
than ten per cent., without the approval of a majority of the 
board of trustees, by whom such less rate must be determined. 
Loans heretofore made, at less than ten per cent., under in- 
structions to that efi'ect from this office, have been legalized by 
the legislature. (§ 57.) 

8. May Loan to Boards of School Directors. — Township treas- 
urers are authorized, when, in their estimation, the same shall 
be deemed expedient, and for the best interests of the township 
funds, to loan said funds, or any part thereof to boards of school 
directors, in their corporate name, taking bonds therefor, as pro- 
vided in section forty-seven of the act; but except to boards of 
school directors, as aforesaid, no loans can be made except upon 
the securities prescribed in section fifty-seven of the act ; nor is 
there any warrant of law whatever for the investment of the 
township fund, or any part thereof, in government bonds, local 
war bonds, or any other description of bonds. (§ 57.) In case 
of loans to school directors, the interest must be paid semi- 
annually in advance, the same as in other cases. The intention 
of the proviso to section fifty-seven is simply to allow town- 
ship treasurers to make loans to boards of directors, as cor- 
porations, which they could not previously do, and to receive 
district bonds as security, instead of notes and mortgages. It 
is not the object of said proviso to authorize any change in the 



172 OFFICIAL AND JUDICIAL DECISIONS. 

rate of interest, or the manner of paying the same, which said 
section elsewhere provides shall be half-yearly, in advance. 

9. Cannot Borrow Township Funds. — That township treasur- 
ers should not and can not lawfully become borrowers of the 
school funds of the townships of which they are treasurers, 
will appear from the following considerations: The township 
treasurer is the agent of the board of trustees, through whom 
alone all loans must be effected and all contracts connected 
therewith be executed. (§ 57.) In all valid contracts there 
must be at least two parties — one empowered to negotiate, 
the other competent to be negotiated Mdth. These two parties 
cannot be identical, nor the powers of each be merged in 
the same person. This would be a contradiction in terms, 
and subversive of the primary rules of mutual obligation. 
N^ot only is there no one with whom the treasurer can lawfully 
make the contract in loaning to himself, but another difficulty 
presents itself. The execution of securities may be denied by 
plea oinon est factum. In such case the testimony of the town- 
ship treasurer is conclusive as proof that the securities were 
duly executed. But suppose that plea is made by the township 
treasurer himself in denial of the execution of his own securi- 
ties as a borrower of the fund; how or by whom shall the 
township prove them ? What recourse would there be in such 
an emergency? All books, notes, bonds, mortgages, and all 
other evidences of indebtedness belonging to the township, are 
by law, in the exclusive custody of the treasurer, who is re- 
quired to safely .keep the same, and to lay them before the 
trustees at their semi-annual meetings. ( §§ 52 and 53.) If, 
therefore, the treasurer loans the funds to himself, he must 
keep and hold all of his own notes and other written securi- 
ties. But this would afford strong temptation to fraud, and 
be in direct conflict with the familiar doctrine in equity that 
temptation should be removed, and a constant sense of per- 
sonal responsibility be kept alive. This principle applies 
to all who, like the township treasurer, act in a fiduciary ca- 
pacity. The treasurer must demand all moneys, papers, etc., 
belonging to the township. ( § 62.) Can he make this de- 
mand of himself? And, if it should be essential, how shall 
such demand be proved ? Again : If additional securities 
shall be required by the trustees for the payment of money 



OFFICIAL AND JUDICIAL DECISIONS. 173 

loaned, section sixty commands the treasurer to institute suit 
for the recovery of principal and interest. Can he institute 
proceedings against himself? If not, how shall the additional 
security be obtained and the interest of the township be pro- 
tected ? Is protection to be found in the official bond of the 
treasurer? Certainly not. The bond simply obligates the 
treasurer to discharge all the duties of his office according to 
law. To hold that the treasurer can go on and borrow the 
township funds on said bond, without giving the securities 
required in section fifty-eight, would surely be the extreme of 
absurdity. The only ground on which the treasurer would be 
liable on his bond, in the premises, would be that of illegal 
conduct in loaning the funds to himself; but this would be 
fatal to the assumed right in question, and conclusively sustain 
the position here taken, that such loans are not legal, for that 
cannot be lawful, for doing which an officer would be liable on 
his own bond. Again : If default be made in the payment of 
the half-yearly interest due on township loans, section sixty- 
one commands the treasurer to bring appropriate action for 
the recovery of said interest ; and the question arises, as 
before, shall he sue himself? If he cannot bring an action 
against himself to recover the principal as required in section 
sixty, neither can he, to recover the interest as required in 
section sixty-one; the reasons applicable to the former case 
are, mutato nomine, just as applicable to the latter. The treas- 
urer is the creature and agent of the trustees ; and if they 
may loan to him, or allow him to loan to himself, it is difficult 
to see why he may not loan to them, or allow them to loan to 
themselves or each other ; and thus every vestige of security 
for the money would be gone ; the township officers might 
speculate in the school funds without let or hindrance; the 
desire to get control of the money would incite to fraud and 
corruption in the election of trustees and the appointment 
of treasurers ; avarice, bribery, dishonesty, and deceit, would 
mark the history of the management of the funds, and the 
beneficent purpose of the legislature be utterly defeated. 
Courts of equity will scrupulously examine the conduct of 
persons acting in fiduciary or trust capacities, to see that 
the property confided to their care is protected from waste. 
{Moore v. School Trustees^ 19 III, 86.) 



174 OFFICIAL AND JUDICIAL DECISIONS. 

10. Liable for Loss of Funds. — Townsliip treasurers are held 
to a stringent liability for the safe custody of all the funds, 
assets, and property of the township, entrusted to them by 
the board of trustees and the inhabitants of the township. 
The liability of the treasurer arises out of his official bond. 
By that bond he makes an express contract with the trustees 
that he will keep safely the moneys that shall come into his 
hands, and considerations of public policy forbid that he 
should be permitted to avail himself of any extraneous fact 
outside of the condition of the bond. Every treasurer well 
knows and understands the contract he enters into, and the 
extent of the obligation he voluntarily incurs, and he obtains 
the consideration of the contract, viz : the possession of the 
office with the emoluments, attached to it. The contract be- 
ing absolute, there is no principle on which a treasurer can be 
released from his obligation for the loss of township funds 
entrusted to him. Public policy demands that depositaries of 
the public money should be held to the most rigid accounta- 
bility within the terms and scope of their covenants. They 
well know the hazards to which they are exposed, and they 
voluntarily assume the risks, and are paid for so doing. Town- 
ship treasurers are made insurers of the funds coming into 
their possession, and nothing should excuse them but the act 
of God, or the public enemy. A distinct and well defined 
liability is imposed on them by statute, and, if it be not met 
to its fullest extent, the omission, whether resulting from mis- 
feasance or negligence, or unavoidable accident, or by felony 
committed by another, furnishes no defence against an action 
on the bond. [Andrew J. Thompson et al, v. Township Trustees, 
30 m., 99.) If directors borrow money, ( § 47,) but do not place 
it in the treasurer's hands, he is not liable, of course, for any 
loss of said money; nor can he demand commissions on said 
funds, or on any others not paid over to and disbursed by him. 

11. To Loan Funds Received from Sale of School Lands. — 
By section sixty-tw^o of the act, township treasurers are re- 
quired to demand and receive all moneys, etc., belonging to 
their townships ; and by the same section they are required to 
keep the township funds loaned at interest. It follows from 
the above provisions, that when the purchaser of school land 
pays the full price thereof to the county superintendent in 



OFFICIAL AND JUDICIAL DECISIONS. 175 

cash, said superintendent should not loan the money, but pay- 
it over, on demand, to the treasurer of the township in which 
the land was sold, to be loaned by him. 

12. Must Distribute Interest^ etc. — The principal only of the 
township fund can be loaned. No part of the interest or 
other income accruing from said principal can be added there- 
to, but all of such income must be distributed in the same 
manner as the state and county funds are distributed. The 
law upon this point is peremptory, declaring that the interests, 
rents, issues and profits arising and accruing from the princi- 
pal of the township fund, shall be distributed in the manner 
arid at the times provided by law, and that no part of such in- 
terest, rents, issues and profits, shall be carried to the princi- 

pal. iim.) 

13. No Distinotion to he Made in Funds. — Township treas- 
urers will make no distinction between the funds apportioned 
to districts upon census of children, and upon schedules. 
The whole must be placed to the credit of the several dis- 
tricts, and held, on precisely the same conditions, subject to 
be paid out on orders drawn by the directors. The object of 
the legislature, in prescribing this basis of apportionment, 
was to benefit sparsely settled districts, which cannot have as 
many months' school in a year as districts in towns and 
villages — not to create two distinct funds subject to different 
regulations. In like manner, if a township lies partly in two 
different counties, and the treasurer receives a certain sum 
from each county superintendent, the sums so received must 
be merged and treated as one fund, the same as if the town- 
ship lay wholly within the same county. (§§ 34, 37 and 45.) 

14. 3Iust Pay on Order of Directors. — Funds accruing from 
special taxes, levied by orders of school directors, and funds 
arising from the sale of property belonging to school districts, 
do not pass through the hands of the township trustees, but are 
paid directly to the township treasurer, who must pay them 
out, at any time, upon the presentation of proper orders from 
the directors. State, county and township funds, must first be 
duly apportioned by the trustees, after which they also must 
be paid out upon the orders of the directors. "Whenever there 
is a balance in the hands of a township treasurer to the credit 
of a district, said balance, or any part thereof must, in like 



176 OFFICIAL AND JUDICIAL DECISIONS. 

manner, be paid out at any time upon presentation of legal orders 
from the directors. But if a district has no funds to its credit, in 
the hands of the township treasurer, the latter cannot, of course, 
honor any order drawn by the directors of said district, nor can 
the directors of said district lawfully draw any order on the treas- 
urer in such case until their schedule has been filed, and appor- 
tionment made, as required in the last clause of section fifty-three 
of the act. Township treasurers must be careful to cash no orders 
unless legally drawn, and duly signed. All orders must be in 
writing — must specify the particular use or purpose to which the 
money is to be applied — and must be signed by the president and 
clerk of the board of directors, or by a majority of said board. 
Treasurers will reject all orders which do not conform to these 
conditions. For all orders receipts must be taken, and said orders 
and receipts must be carefully filed in the office of the township 
treasurer. Funds must in no case be paid out on verbal orders. 

For refusal to pay any just and legal order of a board of direct- 
ors, funds being in his hands belonging to the district, sufficient 
therefor, the township treasurer is liable to an action to compel 
him to pay such order ; which action may be brought by the di- 
rectors, in their corporate name, against both the trustees and 
treasurer. But it is clearly the intention of the law, (§ 67) that 
orders shall be drawn in favor of third parties, or the persons to 
whom the money is actually due, and for indebtedness already in- 
curred, and that treasurers should pay the money to such actual 
creditors directly, and not to the directors themselves. There may 
be special cases in which a different course would be justifiable, 
but the foregoing is the plain intention of the law, and the only 
safe course. If funds may be drawn from the treasurer before 
due, and to be expended at some future time, it is plain that all the 
funds of the district might be so transferred from the treasurer to 
the directors, and the protection afforded by the bond of the 
treasurer be wholly lost ; for school directors are not authorized 
to act as the custodians of any school funds whatever. There 
would be no certain check against the conversion of the funds of 
the district to the private use or benefit of the directors. An in- 
terpretation that is liable to these grave objections cannot be the 
true one. 

15. Mai/ Institute Suit. — If default be made by the borrower 
in the payment of interest or principal, the township treasurer may 



OFFICIAL AND JUDICIAL DECISIONS. 177 

institute suit for the recovery of the same without an order from 
the board of trustees. It is to be presumed that he will avail him- 
self of the advice and approval of the trustees, and obtain an or- 
der from them before commencing an action ; but such are his legal 
relations and obligations to the township fund that, when circum- 
stances require, he may, I think, proceed in the premises without 
a formal order from the board of trustees. This is evident from 
section sixty-one of the act, which makes it the duty of the treas- 
urer to proceed to the collection of all claims due the township, 
when they mature ; and if any loss accrues from his neglect in 
this particular, he and his securities become liable (see § 64,) un- 
less he acted, or was warranted in his failure to act, by an order of 
the board of trustees, entered upon their journal and subscribed 
by the president and clerk ; in which case, if loss accrues, the 
trustees become responsible. In case of loss by the neglect, he 
is responsible for failing to collect, in proper time, the debts due 
the township, unless he was ordered, in the manner prescribed 
above, not to collect. (§§ 61 and 64.) 

16. Interest on Balances due Teachers. — By section fifty-four of 
the act, teachers' schedules are declared payable on the first Mon- 
days of April and October of each year, and any portion of the 
amount certified in said schedules to be due, and remaining unpaid, 
after said dates, draws interest at the rate of ten per cent, per 
annum until paid. And township treasurers are required to allow 
and pay said rate of interest upon all such unpaid balances ; and 
they are further required to pay said balances and the interest accru- 
ing thereon, out of the first moneys in their hands, or coming into 
their hands, to the credit of the proper district, and not otherwise 
specifically appropriated. Justice to teachers, whose contracts are, 
at best, but credit contracts, as well as the positive requirements of 
law, demand the prompt liquidation of unpaid schedules, with ac- 
crued interest as aforesaid. A schedule thus certified is a liquidated 
account, and, in contemplation of law and the contract between the 
directors and the teacher, should be paid at the time provided by 
law for the distribution of school funds, unless they otherwise agree 
or contract. The directors who make the contract with the teacher 
have the power to provide the means of payment, and are sup- 
posed to contract with reference to the means to be at their dispo- 
sal at the time when, by the contract, the teacher should be paid. 

If they have been negligent in providing the means, or if there has 
12 



178 OFFICIAL AND JUDICIAL DECISIONS. 

been default In collecting, or if from any other cause they are un- 
able to pay at the proper time, they stand, in their corporate ca- 
pacity, like other debtors, and should pay interest. Their liability, 
however, is a corporate liability, and not a personal liability ; and the 
interest should be paid, with the principal, out of the funds belong- 
ing to the district. All orders drawn by directors for such unpaid 
balances due teachers, must include the accrued interest thereon. 

17. Must Settle with Directors. — Township treasurers must fur- 
nish, on demand, to each board of directors in their respective town- 
ships, on the first Mondays of April and October of every year, a 
written statement or exhibit, showing the condition of the account 
of each district, and the amount of funds in their hands, as shown 
by their books, to the credit of and belonging to each district re- 
spectively. Said statement must be duly certified and signed by the 
township treasurer in his official capacity, and, for failing or refusing 
to render such statement, on demand, treasurers are liable to the 
penalties provided in the act for neglect of official duty. (§ 63.) 

18. Pay for Clerical Services, — It is the right of township 
treasurers to demand, and the duty of boards of trustees to allow, 
a fair and reasonable amount annually, for their services as clerks 
of said boards, to be paid out of the township fund. The amount 
so allowed should be deducted by the trustees before making the 
apportionment required by section thirty-four. The duty of trust- 
ees to make an appropriation as aforesaid, is as peremptory as any 
other duty enjoined upon them by law, and in default they are 
liable, and treasurers have redress. (§ 72.) 

19. (rarnishee of Money Due on Schedules. — Creditors of teach- 
ers have raised the question whether money due on schedules — 
both schedules and money being in the hands of the treasurer — 
can be taken by the garnishee process. There is no authoritative 
decision of our courts directly upon the question. Some of our 
circuit courts have held that money in the hands of a school treas- 
urer, unappropriated to a particular creditor or on a designated 
schedule, could not be garnisheed. Others have held that if the 
money has been appropriated to the payment of a particular sched- 
ule it may be garnisheed. It must remain for the courts to deter- 
mine under what circumstances, if any, .money due teachers can 
be garnisheed. 

20. Schedules Known to he Illegal or Fraudulent may he Re- 
jected. — If directors employ a teacher who has not a certificate, as 



OFFICIAL AND JUDICIAL DECISIONS. 179 

required by law, and the treasurer knows the fact, yet the directors 
certify to his schedule, the treasurer cannot pay it. It would be a 
case of open violation of a positive requirement of the law, and 
should not be overlooked. Known and palpable fraud always 
vitiates. This does not conflict with the decision elsewhere cfiven, 
that treasurers cannot, as a general rule, go behind a schedule 
and traverse the certificate of the directors. Known deception, 
or violation of law, cannot be disregarded. 

21. Must File Permits of Transfer. — Under the amended law, 
written permissions allowing the transfer of pupils from one dis- 
trict to another must be filed with the township treasurer, instead 
of the teacher as heretofore ; and, as such permits now constitute 
the only evidence of consent, they must be carefully preserved by 
township treasurers, for their guidance in the payment or rejection 
of separate schedules. Schedules of transferred pupils cannot 
hereafter be accepted and paid without such written evidence of 
consent, of which fact treasurers should notify the directors of 
their townships, that, having due notice, they may govern them- 
selves accordingly. The written permits are a condition precedent, 
and should be filed as aforesaid before the pupils are received Into 
the school of th€ district to which they are transferred. This Is 
the plain requirement of the law, by a strict compliance with 
which all doubt in respect to the payment of separate schedules 
will be removed. (§ 35.) 

22. Separate Schedules. — Where schools are composed of pupils 
from diflferent districts, the amount certified In each separate sched- 
ule to be due must be computed upon the basis of the total num- 
ber of days' attendance of all the schedules of said school. Should 
the whole amount due the teacher be Inserted in each of such sepa- 
rate schedules, or should the amount certified be computed upon 
any other basis than that fixed by law, township treasurers, know- 
ing such to be the fact, may reject such schedules. Separate 
schedules made out and returned according to law, and the several 
amounts computed and certified as aforesaid, must be accepted and 
paid as promptly as the regular schedules of the district in which 
the school I3 taught. (§ 35.) 

23. Must Change 3Iap^ etc. — The mode of forming union dis- 
tricts is clearly pointed out in section thirty-five of the amended 
law. Upon receiving a certified record of the proceedings pre- 
scribed in said section, the action of the board of school directors 



180 OFFICIAL AND JUDICIAL DECISIONS. 

sliould be immediately recognized by the trustees, and tbe town- 
ship treasurer must change the map of the township in accordance 
with said action, and file said map with the clerk of the county 
court, as required by law. After the necessary steps have been 
taken by the board of directors, as aforesaid, the trustees and treas- 
urer cannot neglect, refuse, or delay to ratify the action of the 
directors, by altering the township map and filing the same, as 
aforesaid. (§ 35.) But even if the trustees should refuse to 
chano-e the map of the township, in accordance with the act of 
consolidation, under section thirty-five, the validity of that act 
would not be thereby impaired, it being complete in itself; for, the 
object in requiring a plat of the district to be furnished, properly 
certified, to the county clerk, is to enable the clerk correctly to ex- 
tend the tax against the tax-payers of the district, and the provision 
is only directory^ and it can form no objection in a collateral pro- 
ceeding. {Munson vs. Minor, 22 III, 597.) 

24. Toumship Heports. — The statistical report, required by sec- 
tion thirty-six of the act, must be prepared by the board of trustees, 
or they must cause the same to be done. The trustees have a 
rio-ht to require the township treasurer to furnish said report, and 
they do in fact, as a general rule, impose that duty upon him. 
Among the items that must always be embraced in said statistical 
report, is the enumeration of persons under twenty-one years of 
ao"e, a knowledge of which is essential to enable the trustees to 
apportion one-half the school fund among the districts. Said 
statistical report is required to be made annually, and as the 
treasurer retains a copy thereof, the trustees. can never be without 
the latest enumeration upon which to make the apportionment afore- 
said. A separate enumeration of persons under twenty-one must 
be made for each district. The vital importance of the punctual 
rendition of said report and enumeration will be seen from the 
heavy penalty consequent upon failure, being no less than the 
forfeiture of the whole of the public funds for the next ensuing 
year. The duty of making an enumeration of persons under 
twenty-one, and reporting the same to the township treasurer, de- 
volves upon the directors. (^Amend. Feb. 28, 1867, § 2.) 

25. To Order Elections. — If a board of school directors fail to 
give the required notice of election, and no election for directors 
is held on the first Monday of August, the township treasurer 
must, withip. ten days thereafter, order such election. He must 



OFFICIAL AND JUDICIAL DECISIONS. 181 

also order an election, as aforesaid, to fill vacancies in boards of 
directors, when the latter fall to order such election as required by 
law. (§ 42.) 

26. Must Deliver Certificates to County Clerk. — By section 
forty-four of the new law the tax certificates of school directors, 
with lists of tax-payers, are required to be delivered to township 
treasurers, instead of the county clerk, as heretofore, and township 
treasurers must deliver the same, after due examination and the 
correction of errors, if any, to the clerk of the county court, on or 
before the second Monday of September, annually. The day upon 
or before which said certificates must be filed with township treas- 
urers is fixed by law, and said treasurers may refuse to receive 
any returns made to them after the first Monday of September, 
just as the county clerk may reject certificates delivered to him 
after the second Monday of September. If directors fail in their 
duty they are responsible ; if treasurers receive the certificates In 
season, and fail to deliver them to the county clerk In time, they 
are responsible. It is essential to the validity of a school tax, that 
It be certified to the county clerk by the day designated by law. 
( Cowgill V. Long^ 15 III.^ 202.) Whenever changes have occurred 
in the boundaries of districts since the last return, township treas- 
urers must file with the county clerk, with the certificates afore- 
said, a new map of their township showing such changes. ( § 44.) 

27. Must Inspect Records. — Directors are required to submit 
their records to the township treasurer for his inspection, on the 
first Mondays of April and October, and at such other times as he 
may require. It is hoped that treasurers will faithfully perform 
this duty, and do all they can by their aid and advice to bring 
about a uniform and reliable system of district records. They will 
be more than repaid in the increased facilities aflforded them in 
making out their annual reports to the county superintendent. 
(§ 42.) 

28. Schedules to he Filed and Preserved. — Township treasurers 
are required to "receive and safely heep^ according to law, all books 
and papers of every description belonging to their townships." 
Among the "papers" included In the requirement are teachers' 
schedules, which must not, therefore, be destroyed, but carefully 
filed and preserved. They form a part of the oflficial documents of 
the treasurer's office, and their preservation may be, hereafter, of 
much legal and historical importance. Should the accumulation of 



182 ornciAL and judicial decisions. 

scliedules become inconveniently large, they may be boxed up, 
so as to occupy but little space, and laid away properly labeled. 
Other old papers may be disposed of in the same manner; but 
no official papers can lawfully be destroyed. 

29. Failure or Refusal to Turn Over Funds and Papers to 
Successors. — When a township treasurer resigns, or is removed, or 
when his term of service expires, he is required, by section sixty- 
five, to turn over to his successor all funds, books and papers, 
belonging to the township. His official bond, (§ 55), is also 
expressly so conditioned. If he fail to comply with this obliga- 
tion, and neglect or refuse to turn over all moneys and papers to 
his successor, he is not only liable on his official bond, but also to 
a separate, and special " penalty of not less than ten nor more than 
one hundred dollars ; " the payment of which leaves him still liable, 
as fully as before, vipon his official bond. (§ 65.) In case suit 
should be necessary to compel the treasurer to turn over the funds 
and papers of the township to his successor as aforesaid, it should 
be brought by the township trustees^ in their corporate name, in an 
action of debt, or replevin, or both. Township treasurers are 
made insurers of the funds coming into their possession, and noth- 
ing should or can excuse them but the act of Crod, or of the public 
enemy. Another duty no less imperative^ is, that they will deliver 
to their successors in office all moneys, etc., in their hands as such 
township treasurers. (^Thompson v. Trustees, 30 III. 99.) 

30. Purchaser of School Land may he Treasurer. — The statute, 
section thirty-two, provides that the person appointed township 
treasurer " shall not be a director or trustee." There is no other 
restriction. The prohibition is limited to those two classes — direct- 
ors and trustees. Any other person, who can give bonds with the 
necessary security, may be appointed township treasurer. Of 
course, therefore, a person who has purchased school land and 
given his note and executed a mortgage therefor, is not thereby 
disqualified for holding the office of treasurer. The only question 
is one of prudence and sound pohcy. Since such a person would 
have the care and custody of his own note, his appointment as 
treasurer, though legal, would not be advisable. 

31. Renewal of iVb^es.— Township funds cannot be loaned for 
less than six months, or more than five years. In respect to se- 
curity the statute provides for two classes of cases : One hundred 
dollars, or less, may be loaned for one year, or less, upon personal 



OFFICIAL AND JUDICIAL DECISIONS. 183 

security ; two responsible names being sufficient : For all other 
loans, the notes must be secured by mortgage on unincumbered 
real estate, in value double the amount loaned. The securities of 
these notes are in all cases holden until the notes are paid and can- 
celed. But it is the duty of the treasurer to require every note 
to be renewed at maturity, or a new one to be executed, so that the 
securities may be released if they wish to be. If he fail to do so, 
and loss result from such failure, he is liable on his bond, unless 
he was instructed or authorized in his course by the board of 
trustees. Parties, who, as securities, become liable jointly and 
severally Avitli the maker of a note, have a right to release at the 
expiration of the time for which the note was given, and it is un- 
just not to afford them the opportunity. They allow the use of 
their names for a limited time only. No man would assume the 
obligations of suretyship upon any other condition. 

The continued prepayment of interest on a note does not give 
the borrower a legal claim to keep the money beyond the time 
specified in the note, but the principal may be sued for and collected 
at any time after due, notwithstanding the tender and acceptance 
of further advance interest. But the debtor would in that case be 
entitled, on final settlement, to a deduction equal to the amount 
of interest overpaid. If a note is not paid at maturity the bor- 
rower is in default, and an action may be brought at once there- 
after, and at any time thereafter, to enforce payment thereof. 
The right to bring suit is not waived or -impaired by the payment 
of further installments of advance interest, nor does such further 
payment of Interest confer upon the borrower a legal claim to the 
use of the principal for another six months. Default begins and 
the right to sue accrues from and after the time for which the 
money was loaned and the note was given. ( §§ 57, 61, 64, et al.^ 
Treasurers must be careful not to extend the time for the payment 
of a note, or make any alterations in its terms and conditions, 
without the full knowledge and consent of both principal and 
sureties. By so doing the sureties may be released and the debt 
lost. (^Gardiner v. Harhach, %1 III., 130.) 

32. Mortgages, how Canceled. — When a mortgage, given to 
secure payment of school funds, is paid, it may be canceled by the 
township treasurer, as the legal representative of the trustees, 
by simply entering satisfaction upon the margin of the record, in 
the recorder's office. Or the treasurer may grant a release, under 



184 OFFICIAL AND JUDICIAL DECISIONS. 

his seal and signature, as the legal representative of the trustees as 
aforesaid. Every mortgagee of real estate, his assignee or other 
legal representative, having received full satisfaction and payment 
of all such sum or sums of money as are really due to him or her 
from the mortgagor, shall, at the request of the mortgagor, enter 
satisfaction upon the margin of the record of such mortgage in 
the recorder's office, which shall forever thereafter discharge and 
release the same, and shall bar all actions or suits brought, or to be 
brought, thereupon. Or it shall be deemed a sufficient release and 
extinction of any mortgage granted upon any real estate, if the 
mortgagee, his or her legal representative or assigns, shall grant 
a full release of the same under his, her or their seal and signature, 
in the presence of an attesting witness, and acknowledge the ex- 
ecution of such release in the same manner, and under the same 
restrictions, in which deeds are acknowledged by the existing laws 
of the state. (^Scales' Oomp. 976.) 

33. Commissions of Treasurers. — Section thirty-four directs 
township trustees to allow and set apart to the township treasurer 
two per cent, of the gross amount of state, county and township 
funds on hand, on the first Mondays of April and October. This 
requirement is peremptory ; the trustees have no discretion in the 
matter. The treasurer's percentage on these funds must be de- 
ducted lefore any apportionment is made to the district ; for, " of 
the remainder, one-half shall be divided among the districts," etc. 
But section seventy-two provides that " township treasurers shall 
be allowed to retain two per cent, upon all sums paid out or loaned 
by them including moneys raised by virtue of any district tax." 
Here'are two conflicting rules of law in respect to the commissions 
of treasurers. One is general, applying to " all sums " in the 
treasurer's hands. The other is limited, applying only to public, 
or " state, county and township funds." By section seventy-two, 
the treasurer can retain two per cent, upon those sums only which 
he actually '"'•pays outf his commissions depend upon the amount 
disbursed, and accrue only when disbursements are made. By 
section thirty-four, on the other hand, he gets his percentage on 
the public funds, before they are paid out, unconditionally ; for the 
province of the trustees is simply to apportion the public funds 
among the districts, that is, to determine the amount to which each 
district is entitled. They do not pay out the funds at all ; that is 
done by the treasurer exclusively, upon the orders of the directors. 



OFFICIAL AND JUDICIAL DECISIONS. 185 

To reconcile these diverse provisions of the statute, it is necessary 
to discriminate between the public, or state, county and township 
funds, and special district tax funds. In the case of the former, 
the treasurer will receive his percentage in advance, as directed 
in section thirty-four ; and, in his accounts with the districts, he 
must keep the public fund, distributed by the trustees, separate 
from the district tax fund, so as not to charge two commissions 
upon the same funds. Since he gets his commissions in full on 
that fund, at the time it is apportioned by the trustees, he must 
not of course charge another commission upon the same money 
when paid out on the orders of directors. In the case of special 
district tax funds, and of loaning the principal of the township 
fund, on the other hand, the township treasurer must only retain 
his two per cent, upon the sums actually paid out or loaned. It is 
to be regretted that the rule laid down in section seventy-two, does 
not govern the whole subject of treasurers' commissions. It is 
clearly contrary to the intention of the law, to take more than one 
commission for handling the same money, and a better and safer 
rule would be for the treasurer in all cases to retain two per cent, 
upon the amount of all orders actually paid, and all sums loaned. 
But section thirty-four is too plain for doubt, and we must take 
the law as it is. The practice of many treasurers is to keep a care- 
ful record of all funds paid out, and to settle their commissions 
account semi-annually, or yearly, by simply crediting themselves 
vnth two per cent, upon the aggregate amount of orders paid dur- 
ing that period. That course is right and proper, and makes the 
whole matter plain, and is therefore commended to all township 
treasurers. 

34. Overpayment of a District. — In case a township treasurer 
overpays a district, through inadvertence or otherwise, and the fact 
of such overpayment is apparent from the records, said treasurer, 
or his successor, may retain the amount so overpaid, from the first 
funds due, or to become due, said district, and apportion the same 
to the other districts of the township, to which it of right belongs, 
making the proper entry in his books. 

35. To Withhold Funds. — Districts which fail to maintain six 
months' school the preceding school year, cannot share in the dis- 
tribution of the public funds, either on census or schedule, unless 
the forfeiture is remitted by competent authority. Township 
treasurers must enforce this requirement of the law, and withhold 



186 OFFICIAL AND JUDICIAL DECISIONS. 

the funds from such districts. The schedules on file will show if 
the rule has been complied with. Treasurers will be governed by 
the lunar month principle, unless the teacher and directors contracted 
on the calender month principle. That is, the schedules must show 
one hundred and twenty days taught, including authorized holi- 
days, to entitle a district to public funds. But if the contract, in 
a given district, was for six calendar months, then the schedules must 
show that the school was kept all the days of the six months em- 
braced in the schedules, except the Saturdays and Sundays. In 
either case all authorized holidays must be counted as days taught. 
Most of the public schools of this state, and of other states, are 
conducted on the lunar month principle, and it will be so under- 
stood by treasurers in deciding whether a given district has, or has 
not, sustained a six months' school, unless, as aforesaid, a different 
rule was agreed upon by the parties. Subject to the above direc- 
tions, treasurers must insist upon full compliance with the six 
months' rule. It must be enforced. A district forfeits the funds 
by falling short one day, as certainly as if it fell short a month, 
and the funds must be withheld in the one case as much as in the 
other, unless the forfeiture is remitted, as aforesaid. [See decisions 
relating to teachers.) 

36. Computation of Interest. — Considerable confusion and doubt 
have existed among treasurers and others relative to the true 
method of proceeding under section sixty-one of the act, where 
the interest or principal (or both) of school money loaned, is not 
paid when due, or has to be collected by law. The meaning of 
the law, and the duty of parties interested, will appear from the 
following analysis : 

Three cases may arise : First, where the interest only is in de- 
fault ; second, where the principal only is in default ; and, third, 
where both principal and interest are In default. If the Interest 
only is In default, twelve per cent, per annum must be assessed 
upon said Interest, from the day of default. Thus, If a note is 
given for $100, for one year, at ten per cent., and the Interest is a 
year in default, the amount of interest due by law Is $10, added to 
twelve per cent, of $10, or $11.20. If the principal only is in de- 
fault, twelve per cent, per annum must be assessed upon said prin- 
cipal from the day of default. Thus, If the above-mentioned note 
should be collected a year after maturity, there would be due $100, 
added to twelve per cent, of $100, or $112. 



OFFICIAL AND JUDICIAL DECISIONS. 187 

If both interest and principal are in default, there will be due, 
first. The interest of the note from date to maturity ; second, 
Twelve per cent, per annum upon that interest ; third, The princi- 
pal of the note ; fourth, Twelve per cent, per annum upon that 
principal, from due till paid. Thus, if both interest and principal 
of the aforesaid note should remain wholly unpaid for two years, 
there would be due, the interest for one year (110), and twelve 
per cent, of that interest ($1.20), and the principal, (|100), and 
twelve per cent, of that principal for one year, ($12). Adding 
these several sums together gives $123.20, the full amount due on 
final settlement. Proceed in the same way in any other case. 

A general rule, when both interest and principal are in default, 
is as follows : 1. Find the interest on the note from date to matu- 
rity^ at the given rate per annum, and to said interest add twelve 
per cent, per annum thereof. 2. Find twelve per cent, per annum 
of the principal from maturity to settlement^ and add the same to 
said principal. 3. Add the sums obtained under the two forego- 
ing heads, and the result will be the amount due on final settle- 
ment. In other words, to the principal of the note add as follows : 
1. Interest at the rate prescribed in the note, from date to matu- 
rity. 2. Twelve per cent, per annum of said interest. 3. Twelve 
per cent, per annum on said principal from maturity to settlement. 

This opinion of the true intent and meaning of the sixty-first 
section of the school law -is sustained by the highest judicial au- 
thority. The supreme court, in the case of Trustees of School v. 
William Bibb, (14 JZZ., 371,) decided that tAvelve per cent, only was 
to be charged upon the defaulted interest, when due and unjoaid, 
and also upon principal, when due and payable. The court say : 

" Two classes of cases are embraced by this act ; one, where in- 
terest is due and unpaid ; the other, where principal is due and 
payable. In the former case, the amount of unpaid interest bears 
interest at the rate of twelve per cent, per annum ; and it may be 
sued for and recovered in a separate action. In the latter case, 
the principal debt bears interest at the rate of twelve per cent, per 
annum, from the time it falls due. The provisions of this act do 
not apply to the principal when the debtor is in no default respect- 
ing it. It is only when the principal is due and payable that the 
rate of interest upon it is increased. This, we are satisfied, was 
the real intention of the Legislature, although it must be admitted 
that the intention is not as clearly expressed as in the act of 1835. 
A different construction would render the law highly penal in its 



188 OFFICIAL AND JUDICIAL DECISIONS. 

character. If twelve per cent, interest was to be charged upon 
the principal on every failure to make a payment of interest, it 
would operate very severely upon the debtor. Loans are made 
for five years ; and the penalty for failing to pay a few installments 
of interest might exceed the principal debt. Such a construction 
ought not to be put upon the law, unless it manifestly appears that 
it was the design of the Legislature." 

37. Sow to Report Districts in Certain Cases. — A district is 
the smallest unit of territory known to the school law. Hence, 
however a district may have been formed, whether by the direct- 
ors, under section thirty-five, or by the trustees, under section 
thirty-three — and however large it may be, whether consisting of 
one section of land, or of the whole township — and by whatsoever 
name it may be known, as " union district," or otherwise — in each 
and every case it must be reported by the township treasurer as 
one district. Thus, if three districts are consolidated by the di- 
rectors, under section thirty-five, the treasurer must thereafter re- 
port the whole as one district, and not as three districts. The legal 
definition of a school district being a portion of territory duly set 
off for school purposes, and controlled, when organized, by a board 
of three directors. Every such portion of territory must there- 
fore be considered and treated as a unit, regardless of the mode of 
its formation, or its territorial extent. 

When a district lies partly in different townships or counties, 
the location of the school-house should determine where said district 
shall be reported. This is the simplest rule. And it is not inequi- 
table, because the house is generally in the township or county 
which contains the greatest portion of the territory of said district. 
It is not necessary or practicable to make returns of fractional dis- 
tricts. Thus if a district lies partly in two townships, it should 
be reported by the treasurer of the township in which its school- 
house is situated, and not by the other treasurer ; and if it lies 
partly in two counties, the treasurer will report it to the superin- 
tendent of the county in which the school-house is, and not to the 
other superintendent. By this rule no district can be enumerated 
twice, and the report of this office will show the exact number of 
school districts in the state. 

This decision relates exclusively to the enumeration of districts, 
as such ; not to the statistics of those districts, such as the number 
of scholars, number of persons under twenty-one, etc. ; all of 



OFFICIAL AND JUDICIAL DECISIONS. 189 

which, SO far as they are susceptible of division, must be returned 
to the respective townships and counties, according to the facts, as 
provided by section thirty-seven in respect to township statistics. 
In case there are two school-houses in a district, divided by town- 
ship or county lines, one being in each township or county, said 
district may be returned as of the township or county in which the 
largest portion of its territory is situated ; and in the same manner 
when there are more than two school-houses in a district. 

38. Private Schools — Reports of. — Schools kept by private in- 
dividuals, in public district school-houses, after the regular six 
months' public schools have been taught, should not be considered 
and reported as private schools, by township treasurers. Such 
schools are mostly attended by the same scholars as attend the 
public schools, and to report them as private schools and pupils 
would convey an erroneous impression of the relative number and 
condition of public and private schools. Only permanent schools, 
or institutions, such as select schools, academies, etc., which are 
held in houses of their own, and are wholly independent of, and 
in competition with, public schools, should be reported as private 
schools. 

39. Removal from Office. — Section thirty-two of the act provides 
that a township treasurer may be removed from office at any time, 
by the board of trustees. The statute gives to the trustees the power 
to remove the treasurer at pleasure. Possessing such a power, the 
appointment of another treasurer is of itself a removal of the 
former one from office. It does not require a separate antecedent 
order of removal, nor to spread upon their records the reason for 
removal. (^Holbrooh v. Toivnship Trustees^ 22 III.^ 544.) 

40. But One Bond Required. — No township treasurer is re- 
quired to execute more than one official bond. When a township 
lies partly in two counties, the treasurer will file his bond with 
the county superintendent of the county in which the school sec- 
tion, or the greater part thereof, is situated ; and the certificate of 
said superintendent will be sufficient evidence to the superintend- 
ent of the other county, that the treasurer's bond has been filed 
according to law. 

41. Township Treasurers to Call for Funds. — It is the duty of 
township treasurers to call upon the county superintendent for the 
funds due their respective townships, upon being duly notified that 
the same are ready for distribution. (§ 19.) 



190 OFFICIAL AND JUDICIAL DECISIONS. 

42. Action on Treasurers^ Bond — JIow and Where Brought. — 
In all cases where recourse by suit on a township treasurer's bond 
becomes necessary, the suit should be brought by the board of 
trustees, in their corporate capacity, in the circuit court. {Thomp- 
son V. Board of Trustees, 30 III, 99.) 

43. Township Treasurers and Road Labor. — The question as 
to whether township treasurers are exempt from road labor or 
not, depends upon their being " school officers," within the mean- 
ing of the statute. The supreme court in the case of Holbrooh v. 
Township Trustees, 22 III., 539, recognizes township treasurers as 
"officers," and if they are officers, they can be none other than 
school officers, and as such they would seem to be fairly entitled to 
the immunities granted by the seventy-second section of the school 
law, among which is exemption from road labor. Township treas- 
urers are also referred to under the designation of "school officers" 
in the 'ninth, twenty-first, seventy-fifth, seventy-seventh, and other 
sections of the act. 

44. Delinquent District Taxes. — Township treasurers ar6 re- 
quired to pass to the credit of each district the amount of special 
tax levied and collected in each. To enable them to do so, the 
collector, when he pays over the amount collected, should furnish 
each township treasurer with a statement of the portion of said 
amount collected from each district, and a similar abstract should 
be furnished by the officer charged with the collection of delin- 
quent taxes. This is clear from section forty-five of the act, 
which requires the county clerk to deliver, on demand^ to each 
township treasurer, a certificate of the amount due each district, 
which certificate, upon any other interpretation than the above, 
would be useless, unless the amount due from the whole township 
should be collected and paid over at the same time, which rarely, 
if ever, happens. This is further evident from its absolute neces- 
sity, in order to enable township treasurers to settle with districts 
as required by law. I am aware that collectors are not required 
by statute to furnish such abstracts, and that if they insist upon 
paying over the gross amount collected from each township, with- 
out regard to districts, the township treasurers cannot refuse to 
receive the money in that way. But from the district plats, and 
names of district tax-payers, on file in the office of the county 
clerk, the collector can easily make out a statement by districts, 
and thereby greatly promote the public interests in respect to 



OFFICIAL AND JUDICIAL DECISIONS. 191 

scliool funds. This course has been pursued in many counties, 
with tlie best results. But if the school taxes of each township 
are paid over to the respective treasurers in gross, without divis- 
ion, the treasurers must ascertain, from the list of tax-payers, the 
respective amounts collected from each district. And in like 
manner when the delinquent taxes are paid over. To this end 
every treasurer should require of directors that the certificate and 
lists of tax-payers, prescribed in section forty-four, be furnished 
in duplicate — one to be returned to the county clerk, and the other 
to be retained and filed for use. 

When collectors of district school taxes, delinquent or other- 
wise, decline to make out a statement of the amount belonsina: to 
each district, without compensation for the extra service, township 
treasurers may allow a reasonable fee for such statement, and 
charge the respective districts therewith, in proportion to the 
amount collected from each district. If such statement is still 
refused by the collector the township treasurer must ascertain the 
amount due each district, from the books of the assessor, and for 
such service the trustees should allow him a reasonable compen- 
sation. It would greatly facilitate the making of such statement, 
if an extra column were ruled in the assessor's books, showiner 
the number of the district in which each tax-payer resides. 



192 OFFICIAL AND JUDICIAL DECISIONS. 



IV. SCHOOL DIRECTORS. 

1. Claims Must he 3fade Within Tliree Months. — When a new 
district is formed, it is the duty of the township trustees to divide 
the school funds and prope];ty, as provided in section thirty-three 
of the act ; and since the property must be appraised, and the 
value apportioned among the several districts within three months 
from the formation of the new district or districts, in case the 
trustees neglect or refuse to divide the property, the directors of 
the districts concerned must see that their claims are presented to 
the trustees in season. (^See Decisions relating to Trustees.') 

2. Transfer of Pupils. — Under the law, as amended, the writ- 
ten permissions required by section thirty-five, in case of transfer 
of pupils from one district to another, are required to be delivered 
to, and filed by, the township treasurers. While the law is per- 
emptory in requiring such permits, it is evidently intended to ap- 
ply to those who desire to avail themselves of the benefit of the 
public funds, which can only be drawn by keeping and presenting 
separate schedules. I do not think it is the intention to apply this 
rule to the case of pupils coming from other districts, or from dis- 
tant places, provided such pupils or their parents are willing to 
waive their claim to the public funds. The right of boards of di- 
rectors to admit pupils of this class upon the payment of such 
reasonable tuition fee as they may prescribe, can hardly be ques- 
tioned. In the case of scholars from unorganized districts, since 
they cannot obtain permits from their own directors — there being 
none — it is plain that the intention of the law wiU be satisfied, if 
such pupils have the consent of the directors of the district where 
they attend school, and township treasurers must pay the separate 
schedules in such cases upon the written consent of the one board 
of directors. A director may lawfully sign a permit for his own 
children to attend school in another district. 

3. Separate Schedules. — It is a fundamental condition of the 
law that no pupils can be counted in the distribution of the school 
fund, for whom schedules are not kept in accordance with the re- 



OFFICIAL AND JUDICIAL DECISIONS. 193 

quirements of the act. When schools are composed of pupils 
from different districts, townships or counties, separate schedules 
must be kept for each, and, in such cases, the amount certified in 
each schedule must be estimated upon the basis of the aggregate 
attendance of all the schedules of the school. The manner in 
which the several schedules are to be disposed of when completed, 
is clearly pointed out in the act. (§§ 35 and 53.) 

4. Union Districts — Proceedings under Sections 33 and 35* — 
Section thirty-three empowers township trustees to lay off their 
township into "one or more" school districts. The same section 
requires them to prepare a map showing the districts into which 
the township is divided, and authorizes them to " alter or change 
said districts at any regular session." It also requires them to 
make a new map as often as may be necessary, which means as 
often as any changes are made in the boundaries of districts. 
Power is therefore expressly given to the trustees to make one 
school district of the whole township if they see fit ; and this they 
may do at the first organization of the township into districts, or 
at any subsequent time, provided only that it be done at a regular 
meeting of the board. When, however, any portion of the terri- 
tory of a township is attached to a district lying partly In another 
township, said territory must be excepted by the trustees in con- 
solidating the districts of the township, unless consent is given by 
the trustees of the other township ; for it is a fundamental rule 
that a district cannot be formed out of parts of two townships 
without the concurrence of both boards of trustees, and that when 
a district has been so formed it cannot afterwards be changed 
without a like concurrence of both boards. With this exception, 
the trustees may consolidate all the districts of the township into 
one district, at any regular session, if they see fit to do so. 

Section thirty-five confers the power to consolidate districts, 
upon school directors also. Their power in this respect is as clear 
and unquestionable as that of trustees. It is limited only by the 
number of concurring boards of directors. There must be a ma- 
jority of each board of directors in favor of the union or consoli- 
dation. No district can be included in the union, at least two of 
whose directors are not in favor of it. Districts may be consoli- 
dated, (by consent of the directors concerned,) under section thirty- 
five, at any tiine ; under section thirty -three it can only be done 

at a regular meeting. Trustees may consolidate two or more dis- 
13 



194 OFFICIAL AND JUDICIAL DECISIONS. 

tricts, or all the districts of the township if they choose, with or 
without 'the consent or concurrence of either the directors or in- 
habitants of the districts concerned, and their action is legal and 
valid, as the supreme court has decided. On the other hand, two 
OT more boards of directors may, by agreement, consolidate their 
respective districts at any time, with or without the approval of 
the trustees, and their action is legal and valid. Within the fore- 
going limits, the powers of trustees and directors in respect to the 
consolidation of districts, are co-ordinate and co-extensive. Neither 
board can refuse to recognize the legal action of the other. K 
the trustees pass an order of consolidation, in the manner pre- 
scribed by law, and at a regular meeting, the directors and people 
must abide by it. And if two or more districts are consolidated 
by the directors thereof, in manner and form as prescribed by the 
thirty-fifth section of the act, the trustees must change the map of 
the township in accordance therewith ; they have no discretion in 
such case — the law is peremptory. 

The object of the last part of the thirty-fifth section, is not to 
define what shall be a " union district," in distinction from other 
districts. It makes no diflference whether two or more districts 
are united by the trustees, under section thirty-three, or by the 
directors, under section thirty-five ; the result is the same in both 
cases, no matter by what name and style the new district so estab- 
lished, is designated. The purpose and intent of the clause in 
question is to provide another mode of establishing large and better 
districts, when occasion requires. The law simply fiirnishes two 
ways of doing the same thing. If it is desirable to unite a couple 
of districts in order to secure better educational privileges, the 
trustees may do it if they see fit ; if they neglect or refuse, then 
the directors of the two districts may do it, and vice versa. Each 
board is a check upon the non-action, or unwise action, of the 
other, and thus the public interests are protected and promoted. 
After two or more districts have been united under section thirty- 
five, they cannot again be divided except by the township trustees. 
The power of consolidation only, not of division, is conferred upon 
directors by said section. It was the express purpose of the legis- 
lature, in section thirty-five of the amended school law, to enable 
boards of directors of two or more adjoining districts to consoli- 
date said districts, independently of the action of township trust- 
ees, should circumstances arise rendering it for the best interests 



OFFICIAL AND JUDICIAL DfeClSIONS. 195 

of the respective districts for the same to be done. In advocating 
the amendment it was urged that instances sometimes occurred in 
which it was desirable to consolidate districts during the interval 
between the regular meetings of the trustees, in April and Octo- 
ber, and the amendment was intended to meet such cases. It was 
further intended, by the amendment, to provide means by which 
districts could be consolidated by the directors themselves, when 
the trustees should, without sufficient cause, refuse to make such 
consolidation. 

There are, therefore, two distinct and independent modes of 
consolidating school districts : one by the township trustees, under 
section thirty- three, the other by the concurrent action of the re- 
spective boards of directors. The former can only be done at a 
regular semi-annual meeting, in April or October — the latter may 
be done at any time. The action of the trustees, in such consolida- 
tions, is independent of the petition or protest of the directors, or 
inhabitants of the districts concerned — the trustees being: author- 
ized to act in accordance with their own best judgment and dis- 
cretion, and their action cannot be interfered with. In like manner 
when two or more boards of directors proceed in the exercise of 
the power clearly conferred upon them by section thirty-five, and 
consolidate their respective districts in the manner prescribed by 
law, their action is equally independent of the trustees, and is 
valid and binding to all intents and purposes whatever — the trust- 
ees having no right or power to prevent such act of consolidation. 
Upon receiving the proper certificate, duly signed by a majority 
of each concurring board of directors, it is the imperative duty of 
the trustees to cause the map of the township to be changed in 
accordance therewith, and to file the same with the clerk of the 
county court. Nor does it matter whether the districts consoli- 
dated by the directors are in the same township or in different 
townships. The power of consolidation conferred upon directors 
by section thirty-five, is, in this respect, as extensive as that con- 
ferred upon trustees in section thirty-three. The use of the 
singular number, " township," in section thirty-five, is not to be 
■ understood as restricting the meaning to districts lying wholly in 
the same township. Even if the treasurer neglect or refuse to 
file with the county clerk a map of the union district, the legal 
existence of said district is not thereby impaired, for the provis- 
ion requiring a plat of the district to be furnished is only directory 



196 OFFICIAL AND JUDICIAL DECISIONS. 

and is not essential to the validity of the act of directors in the 
creation of union districts. (^Munson v. Minor, 22 III., 597.) 

5. iSale of School Property. — Township trustees are the only 
persons authorized by law to sell and convey school-houses, sites, 
etc. When directors desire the sale of such property, they must 
therefore make application to the trustees, whose duty it will be 
to make the desired sale and conveyance. (§ 39.) 

6. Certificates of Taxation. — Whenever the levy of a district 
tax is necessary for the support of schools, the directors must file 
with the township treasurer their certificate of the rate to be 
levied, together with a list of the tax-payers of their district, 
alphabetically arranged. Said certificate and list must be returned 
to the township treasurer on or before the first Monday of Sep- 
tember annually. Tlje treasurer is under no obligation to receive 
the certificate, if not presented by that time. ( § 44.) It is es- 
sential to the validity of a school tax, that it be certified to the 
proper officer on the day designated by law. (^Cowgill v. Long, 
15 III, 202.) 

The certificate and list of tax-payers should be furnished by 
the directors in duplicate, one to be filed by the township treasurer 
in his office, the other to be returned to the county clerk. The 
retained list will assist the township treasurer to ascertain the 
amount of tax collected, and the amount delinquent, in each 
district, when a statement to that effect is not furnished by the 
collectors. ' 

7. Building School- Houses. — For the purpose of building, 
repairing and improving school-houses, or purchasing school sites, 
the directors, by ii vote of the people, may borrow money and 
levy taxes, but the sum borrowed in any one year cannot exceed 
five per cent, of the taxable property of the district, nor can the 
tax levied in any one year exceed three per cent, of said taxable 
property. In voting to borrow money, under section forty-seven, 
the exact amount should be stated. It is not best to leave the 
amount to the discretion of the directors. Township treasurers 
and others, would not deem it safe to loan money to boards of 
directors if the definite sum to be borrowed had not been voted* 
upon. In all such transactions the greatest clearness and definite 
ness should be observed in the proceedings. Everything should 
appear plainly on the records. It is the only safe rule. If the 
amount first voted is found inadequate, another meeting may be 



OFFICIAL AND JUDICIAL DECISIONS. 197 

called and an additional sum voted, etc. But if the people should, 
nevertheless, vote to leave the amount to the judgment and discre- 
tion of the directors, it is held that the directors would be thereby 
legally empowered to exercise the discretion so conferred, and bor- 
row such sum as to them may seem expedient, subject to the limi- 
tation prescribed by law. The proceedings of all such meetings 
must be carefully recorded by the clerk of the board, as evidence 
of the authority conferred. (§ 47.) No money can be borrowed, 
or tax levied, in any case, for the erection of school-houses, pur- 
chasing sites, etc., without a vote of the people of the district. 
{Beverly v. Sahin, 20 III., 357.) 

8. May Locate Site in Certain Cases. — In case the question of 
locating a school-house site is submitted to the voters of a district, 
and the voters fail to agree, and no one locality receives a majority 
of all the votes cast, the board of directors are, in that case, if in 
their judgment the interests of the district require it, authorized to 
select a suitable site ; and the site so chosen by them shall, in that 
case, be in all respects legal and valid. (§ 48.) 

9. 3Iast Receipt for Schedules. — The director or directors to 
whom a schedule is delivered by the teacher, must give said 
teacher a receipt for the same, and for any loss sustained by the 
teacher through failure to deliver the schedule to the township 
treasurer within the time fixed by law, the director or directors 
receipting for the same are personally liable. (§ 54.) 

10. Interest on Balances Due Teachers. — If the amount certified 
in any schedule to be due the teacher, or any part thereof, is not 
paid on the fii'st Monday of April or October, said amount, or said 
part thereof, is entitled to interest at the rate of ten per cent, per 
annum until paid ; and school directors must allow and pay said rate 
of interest, and said balances dae teachers, out of the first moneys 
belonging to the district, and not otherwise specifically appropriated. 
This positive requirement of the law, while just to teachers, is not 
unjust to directors, since directors are clothed with ample power, 
and it is their imperative duty, to levy such a tax annually, as will 
enable them to pay their teachers in full, and meet all other cor- 
porate liabilities. (§ 54.) 

11. 3Iay Demand Semi-annual Statement from Toumship Treas- 
urer. — Township treasurers are by law required to settle semi-an- 
nually with each board of school directors in their respective town- 
ships. Directors may therefore demand, and township treasurers 



198 OrFICIAL AND JUDICIAL DECISIONS. 

must furnisli, on the first Mondays of April and October of each 
year, a certified statement, showing the condition of, the account 
of each district, and the amount of funds on hand to the credit and 
subject to the order of the directors of each district respectively. 
This exhibit will enable directors to proceed understandingly, in 
making their estimates and levying taxes for the current expenses 
of each school year. (§ 63.) 

12. Questions of Residence. — The right of children to attend 
school in a given district is based upon their being residents of 
said district. The right to determine all questions of residence, 
and of eligibility to the privileges of a district school is vested in 
the directors. (§ 48.) 

13. May Lease or Rent School-Houses. — By section forty-eight 
directors are required to establish a sufficient number of free schools 
for the proper accommodation of all the children of lawful school 
age in their respective districts. By section forty-three they are 
authorized to levy a tax annually sufficient to defray all necessary 
expenses of a six months' school. It follows from these provisions 
of the statute that directors have power to lease or rent suitable 
rooms or houses for schools, without a vote of the people, when- 
ever the interests of the district, in their estimation, require the 
same to be done ; and to Include the amount of rent in their annual 
levy for school purposes. The exercise of this right will be 
proper in case of the loss of a school-house by fire or otherwise, 
or when the schools become too crowded, or when it is desired to 
grade the schools, or ,when a district is territorially too large for 
all the children to assemble in one place, etc. It is plain that cir- 
cumstances may exist in which it is not only the right, but the 
imperative duty of the directors, to temporarily rent a room or 
house for school purposes ; but permanent school-houses must in 
all cases be built or provided as soon as practicable. Renting is 
only a temporary expedient. 

14. Directors and People. — By section forty-eight, directors are 
clothed with authority to appoint teachers, and regulate the internal 
affairs of the school in accordance with their own best judgment. 
It is presumed, of course, that in the • exercise of this author- 
ity, they will act with due regard to the opinions and wishes 
of the people of the district, whose agents they are, and treat 
with proper attention and courtesy all requests and sugges- 
tions relative to the interests of the school, which may be sub- 



OFFICIAL AND JUDICIAL DECISIONS. 199 

mitted to tliem. But the directors, not the citizens at large, 
are legally accountable for the control and management 
of the school. If the affairs of the school and of the district 
are wisely and successfully administered, the directors are 
justly entitled to credit for their faithfulness ; but if those 
affairs are conducted imprudently and unsuccessfully, the ac- 
countability rests, both in law and in public sentiment, upon 
the directors, not the citizens at large. 'Now, authority must 
be commensurate with duty — -prerogative with obligation. 
Whenever, therefore, a difference of opinion arises between 
the directors and citizens, in respect to the choice of a teacher, 
or any other question of school policy, the directors have full 
power to decide the points in controversy, and it is their duty 
to do so according to their own best judgment and discretion, 
amenable only to the provisions of the school law of the state, 
from which all their official powers are derived. It is true 
that legal proceeding may be instituted against a board of di- 
rectors for manifest neglect of duty, or for illegal conduct. 
But this can not be affirmed of a mere difference of opinion 
in the choice of a teacher, no matter how great may be the 
popular opposition to the choice of the directors. (§ 48.) 

15. Directors may JRefign. — No man can be compelled, by 
law, to hold an office against his will. The right to resign can- 
not be questioned. A director can resign at any time. "When 
a director resigns, his resignation should be made in writing, 
and tendered to the board of which he is a member, but the 
law does not forbid the acceptance of a verbal resignation, if 
formally tendered at a meeting of the board. The refusal, or 
persistent neglect, of a school director to act as such, and to 
discharge the duties required of him by law, is equivalent 
to a resignation, and may be so regarded by the other directors, 
who may proceed to fill such vacancy according to law; or 
such delinquent director may be compelled by mandamus to 
perform his official duties ; that writ being the proper one to 
compel a party to act when it is his duty to act without it. 
{People V. Gilmer, 5 Gilm., 242.) All resignations should be 
made to take effect from the election of successors, so that the 
board may not be left without a quorum for business. 

16. Incidental Expenses. — The forty-third section authorizes 
the directors of each district, without a vote of the people, to 



200 OFFICIAL AND JUDICIAL DECISIONS. 

levy an annual tax, "for the purpose of procuring furniture, 
fuel, libraries and apparatus, and for all other necessary inci- 
dental expenses" of the school. The law does not contem- 
plate that these expenses should be paid out of the state fund 
unless there is a surplus. Hence, it is the obvious duty of 
the directors to make provision for such items by special tax. 
But where the public funds are more than sufficient for all 
the regular expenses of the school, the surplus may be applied 
for the incidental expenses mentioned above, or for any other 
legitimate school purpose. The object of the authority con- 
ferred in this section, is to enable the directors to provide the 
means necessary, not only for the regular current expenses of 
the school, but also for those numerous conveniences and appli- 
ances essential to the proper equipment and furnishing of their 
schools, school-houses, and grounds. The tax for these pur- 
poses may be levied without a vote of the people, and while 
no unreasonable expenditure should be incurred, directors 
should not hesitate to exercise the discretion conferred by this 
section to any extent necessary for the complete arrangement 
and furnishing of their schools. The purchase of all necessary 
books, maps, etc., is included in the scope of this section. It 
is true economy to procure whatever fs necessary for the com- 
fort and convenience of the scholars, and for the aid of the 
teacher in his work. 

17. Loaning District Funds. — The law confers no direct au- 
thority upon directors to loan surplus district funds, nor is 
there any provision of the act which seems to contemplate the 
loaning of district funds at all; but if it should be held that 
the silence of the act upon this point is not to be considered 
as prohibitory, there can be no doubt that, if such surplus is 
loaned at all, it must be by the township treasurer, and upon 
the same terms, conditions, and securities as other funds are 
loaned by him. The interest accruing from district funds, 
should they be loaned, belongs, of course, to the district, and ' 
not to the township at large; and the treasurer would be en- 
titled to the same percentage as for loaning township funds. 

18. Cannot Delegate Control. — The directors are not author- 
ized to certify to the correctness of any schedule unless the 
school is conducted according to law. But no school can be 
conducted according to law that is not under the exclusive 



OFFICIAL AND JUDICIAL DECISIONS. 201 

supervision of the directors. Consequently, no select school, 
that is uot under their jurisdiction, and not open alike to all the 
children in the district is entitled to any of the school fund. 
"Nor can school directors make any compromise with the 
trustees of a seminary, academy, or any private institution, 
by which they agree to surrender any part of their legal juris- 
diction and control of the school. It is a fundamental require- 
ment of the school law, that all schools established under it 
shall be subject to the exclusive direction and control of a reg- 
ularly elected board of school directors, and be perfectly free 
for at least six months in the year, to all the children, of law- 
ful age, in the district. 

19. Quorum for Business. — No business can be legally trans- 
acted by the directors, at any appointed meeting, unless at 
least two members are present; nor will any order, certificate, 
or other official paper, drawn by them be of legal eftect, un- 
less signed by at least two of the board, or by the president 
and clerk ; provided, that in case of two vacancies in the board, 
the remaining director may order a special election to fill such 
vacancies, as authorized by section forty-two, and may perform 
other necessary official business till the vacancies can be filled. 
By section forty-eight, two school directors are expressly de- 
clared to be a quorum for business, and, while all should be 
notified, yet if two of the board concur in opinion, they may 
legally perform any act which the board is authorized to do, 
and their acts will be valid. It is not essential to the validity of 
the act that the third director should join with them or even 
be notified of their proceedings. If an act has the approval 
of a legal majority of the board, the non-concurrence or knowl- 
edge of the other member wnll not be inquired into. (Trustees 
V. Allen, 21 III, 120.) {Schofield v. Waikins, 22 III, 66.) 

20. Children Under Age. — By the amended law, those only 
who are between six and twenty-one years of age have a legal 
claim to the privileges of the public schools. Children under 
six should not be admitted, but directors have, in my estima- 
tion, some discretion in respect to persons over twenty-one. 
They cannot refuse any whose ages are within the prescribed 
limits, but they may in special cases, and when the interests of 
the school w'ill not in any manner be compromised thereby, 
receive persons over twenty-one, either residents or non-resi- 



202 OFFICIAL AND JUDICIAL DECISIONS. 

dents, charging them a reasonable fee for tuition. But in no 
case whatever can persons under six or over twenty-one be in- 
cluded in the schedule upon which the public fund is divided. 
Should such persons be so included, their attendance must be 
deducted by the trustees from the grand total of attendance, 
before making the apportionment on schedules. 

21. Ads are not Invalidated by Mere Irregularities of Form. — 
Mere irregularities and informalities in the levy and collection 
of a district tax do not render such tax illegal, nor can the 
levy and collection thereof be restrained for such reasons, 
whether the officers levying the same were officers de jure or 
de facto ; . nor is a notice of a district election invalidated by 
unimportant omissions, provided it specifies the purpose or 
purposes of such election in such a way as to leave no doubt 
of its meaning ; nor where a site for a school-house has been 
duly chosen is it rendered illegal on account of irregularities 
or omissions made by the clerk in describing the site selected ; 
nor is a district tax, levied for the building of a school-house, 
or other lawful school purpose, rendered void by the omission 
to tax a portion of the persons in the district, or a portion of 
the taxable property in the same. (Merrit v. Farris, 22 III, 
303.) • 

22. Directors are not Personally Liable for their Corporate 
Acts. — Directors may be sued as directors, not as individuals. 
Their private property can not be taken in satisfaction of any 
judgment obtained against them in their official character as 
directors. Their liability for debts legally contracted is a cor- 
porate, not a personal liability. They can be proceeded against 
for the recovery of all just claims, as directors, not as individ- 
uals. Teachers and others are often non-suited in actions of 
debt against directors for failing to observe this distinction in 
the form of proceedings. ISo claims are surer of being ulti- 
mately paid than those legally held against boards of directors ; 
for, to the liquidation of such debts, the whole taxable prop- 
erty of the district is pledged, and sooner or later the amount 
must and will be made, by taxation or otherwise. The act 
(§ 49) expressly authorizes the court, where judgment against 
any board of directors is obtained, to enforce payment by 
attachment or mandamus, compelling said board to levy a tax, 
if necessary, to pay the amount of said judgment, with interest 



OFFICIAL AND JUDICIAL DECISIONS. 203 

and costs. But it must be remembered that the property of 
directors as individuals, is not liable for such debts. The fore- 
going remarks do not apply, of course, in case of malfeasance, 
or neglect of official duty, on the part of directors. For losses 
caused by illegal acts, or through failure to perform duties en- 
joined by law, directors are personally liable ; because, in such 
cases, their relation to the district is changed ; it ceases to be 
of a legally representative character, and hence, their acts not 
having the sanction of the law, they and their property, and 
not the district and its property, must be held answerable for 
the consequences. The district is held responsible for con- 
tracts made or debts incurred under the law, and for no others. 

23. Special District Taxes. — Funds raised by special district 
taxation are not imblic funds in the sense of the law, and there- 
fore not subject to apportionment by the trustees, but are un- 
der the exclusive control of the directors of the district, and 
must be paid out on their order. Such funds are not subject 
to, or affected by, the six months' rule,' nor do they come in 
any manner under the supervision or control of the township 
trustees. (§§ 44 and 67.) 

24. Orders on Township Treasurer, When and How Draion. — 
Directors may draw orders on their treasurer in favor of a 
teacher, for past services, or any other legal creditor of the 
board, at any time, provided there is an unappropriated balance 
to their credit in the hands of the treasurer. Otherwise the 
directors cannot draw on the treasurer, nor can he pay over 
any money to the teacher until his schedule has been filed, and 
apportionment made thereon by the trustees. All orders must 
state the purpose or indebtedness for which they are drawn, 
and must be signed by a majority of the board of directors, or 
by the president and clerk, otherwise they will not be legal. 
(§§ 53 and 67.) 

25. Cannot he Sued hy Teachers for Their Wages until After 
Apportionment. — It is expressly declared in section fifty-four, 
that teachers' schedules are legally payable on the first Mon- 
days in April and October of each year, and that interest there- 
on does not commence to accrue until after those dates re- 
spectively. It follows that teachers cannot sue for their wages 
until after apportionment. Twice a year only, namely, the 
first of April and October, the directors receive school funds. 



204 OFFICIAL AND JUDICIAL DECISIONS. 

Their obligation to pay being corporate, not personal, they conld 
not be compelled to pay teachers out of their private funds, 
but only out of the school funds. If, then, it should be held 
that the directors are liable to pay prior to April or October, 
it would follow that they are required by law to pay money 
before the law itself enables them to do so, by placing that 
money at their disposal — a conclusion the unreasonableness of 
which is self-evident. But, while directors cannot be com- 
pelled by suit to pay teachers prior to the dates aforesaid, they 
may and should settle with teachers sooner, provided they have 
unappropriated funds in the hands of the treasurer, as stated 
in the preceding decision. 

26. Must File Schedules with Township Treasurer. — "When a 
school is composed of pupils from ditierent districts, the di- 
rectors of the district in which the school is taught must certify 
all the schedules. Directors must examine all schedules de- 
livered to them, and, after correcting all errors, they must, by 
at least two of their number, certify to their correctness and 
file the same with the township treasurer on or before the day 
fixed by law. If they fail to do this, so that the schedule is 
forfeited by not being filed in season, or rejected through their 
neglect to make the necessary corrections, they are personally 
liable for the loss sustained through such failure or neglect, 
and damages may be collected by the teacher. No schedule 
can be certified which reaches back more than six months from 
the time fixed by law for the stated return of schedules to 
township treasurers. (§§ 53 and 54.) Directors must be very 
careful to present the schedules in season, for the trustees have 
DO discretion left to receive schedules after the day fixed by 
law. [Thomas v. Trustees of Schools, 16 III, 163.) 

27. Judgments Against Directors Musi be Paid Out of the Dis- 
trict Funds. — When directors are sued, in their corporate name, 
and judgment is obtained against them, said judgment must 
be paid out of the funds belonging to the district; it cannot 
be satisfied out of the unapportioned township funds. The 
same is true where a mandamus is issued, directed against the 
trustees, treasurer and directors, which is the usual form. It 
cannot be supposed that a judgment against a single district 
should be satisfied out of funds not yet apportioned by the 
trustees to the several districts ; this would make all the dis- 



OFFICIAL AND JUDICIAL DECISIONS. 205 

tricts contribute to the payment of the debts of one. Every 
district is liable exclusively for its ov^n debts. (§ 49.) 

28. Cannot Borrow Money to Pay Teachers. — School directors 
are not authorized to borrow money, in their corporate name, 
to pay teachers. They may borrow money as individuals, but 
not as directors, to pay teachers. 

29. A Director Cannot be Employed as Teacher. — A school 
director cannot be interested in any contract made by the 
board of which he is a member. As the employment of a 
teacher, by a board of directors, is a contract under the law, 
it follows that a director cannot be legally employed by the re- 
maining directors as a teacher. (§ 42.) 

30. Contracts Binding on Successors. — Directors are a body 
politic and corporate, and hence all of the legal acts and con- 
tracts of one board are binding upon their successors \u office. 
If a board of directors employ a teacher for a stipulated time, 
not exceeding one year, their successors are bound to fulfill such 
contract in good faith. (§ 48.) 

31. Dismissal of Teachers. — Teachers may be dismissed for 
causes specified in the act, one of which is incompetency. As 
each board of directors is authorized to determine for itself 
the question of competency, so far as its own school is con- 
cerned, it follows that they may dismiss a teacher on the ground 
of incompetency, notwithstanding said teacher may have a cer- 
tificate from the county superintendent. With whatever fidel- 
ity the superintendent may endeavor to discharge his duty, he 
can form but an imperfect judgment, as a general rule, of the 
moral character, and especially of the teaching ability of the 
candidate, and hence, although the superintendent may be 
warranted in granting a certificate, the person may fail as a 
practical teacher, or in ability to meet the requirements of a 
particular school, and in such case directors would be author- 
ized to discharge him from their service. A teacher may suc- 
ceed in one school and yet fail in another, where the standard 
of excellence is much higher, or where the pupils are more 
turbulent. While the law does not require directors to assign 
specific reasons for the dismissal of a teacher, yet a sense of 
justice, and a proper regard for the reputation of the teacher, 
should prompt them to do so. A teacher feeling aggrieved 
by the action of the directors in discharging him, may sue 



206 OFFICIAL AND JUDICIAL DECISIONS. 

them for his wages, or other damages, and thus compel them 
to show cause for the dismissal, and to support their allega- 
tions by adequate proof. (§ 48.) 

The principle has been clearly settled by the supreme court 
of this state, that where a teacher obtains the proper certificate 
of qualification from the county superintendent of schools, 
and is employed to teach a common school, he may neverthe- 
less be discharged by the directors of the district for incom- 
petency or neglect of duty; but that it devolves upon the 
directors to prove the fact, in case an action is brought against 
them by the teacher. Also, that the possession of a certificate 
is 'prima facie evidence of the fact of the teacher's competency, 
and, hence, that when directors discharge such a teacher, after 
he has been employed, they assume the burthen of proving 
the existence of the grounds for which he is discharged. In 
considering the grounds upon which a teacher may be dis- 
charged for incompetency or neglect of duty, the court further 
say that the law does not require the highest possible qualifi- 
cations, or the possession of professional talents equal to the 
most eminent and successful teachers, but only fair attainments 
and ability, and the usual diligence and application to the dis- 
charge of his duties, to fulfill his contract. The opinion of 
the court, in the case of which the foregoing is an abstract, is 
strongly to the efifect that after a teacher has obtained a cer- 
tificate, been employed by the directors, and entered upon 
duty, he should not be discharged without the clearest proof 
of incompetency or palpable neglect of duty, in default of 
which, on the part of directors, inferior courts should find for 
the teacher. The testimony of pupils as to the teacher's ability 
and faithfulness is to be received with much allowance and 
caution, and occasional or trifling errors in recitation or inac- 
curacies of scholarship, or casual laxity of discipline or tardi- 
ness of action, or failure to secure the rapid advancement of 
particular scholars — these things, whether alleged or real, are 
inconsequential when weighed against the favorable presump- 
tions warranted by the possession of a legal certificate, and 
the evidence of general success and fidelity. Still, as already 
stated, the right of directors to discharge a teacher for good 
and suflicient cause, is unquestionable. The opinion of the 
court settles another important point: When a board of di- 



OFFICIAL AND JUDICIAL DECISIONS. 207 

rectors dismiss a teacher, they must be careful to see that every 
essential reason therefor i^ spread upon the record ; for while 
failure to specify, in the record, any reasons for the order of 
dismissal is not conclusive upon the teacher, leaving the di- 
rectors to prove the facts they allege in the order, precisely as 
if it had not been made; it is, nevertheless, binding upon the 
directors, and estops them from showing any other or different 
causes. {Edwin B. Neville v. School Directors, District No. 1, 
T. 32, N. R. 2 W. U P. M., 36 III 71.) 

32. May Direct What Branches Shall be Taught. — Directors are 
authorized to prescribe what branches of study shall be taught, 
and what text books shall be used, in their respective schools. 
They cannot exclude any of the branches specified in the act, 
but they may introduce such additional and higher branches 
as, in their opinion, the interests of the school may justify or 
require. (§§ 48 and 50.) 

33. May Adopt and Enforce Rules and Regulations. — School 
directors are empowered by law to adopt, prescribe, and en- 
force all necessary rules and regulations for the management 
and government of the schools, and the conduct of the schol- 
ars. The authority conferred embraces whatever measures 
are necessary to secure regularity and punctuality of attend- 
ance, propriety and decorum of conduct in and about school 
buildings, prompt obedience to the teacher, and whatever else 
they may deem essential to the maintenance of discipline and 
good order, and to the successful prosecution of study. The 
right of directors to make all such necessary rules and regula- 
tions, and to enforce compliance therewith by suitable penal- 
ties, is clear and unquestionable, and in the exercise of this 
right they cannot be interfered with or restricted, except for 
manifest abuse of powers granted, or an unwarrantable as- 
sumption of authority not conferred by the act. It is to be 
distinctly understood that the right to enforce is commensu- 
rate with the right to prescribe rules and regulations. Direct- 
ors may therefore compel obedience, and punish, by suspen- 
sion, expulsion or otherwise, any obstinate infraction of the 
rules which they have established. The teacher is the agent 
by whom the rules adopted by the directors are executed ; his 
right to enforce obedience is therefore sustained by the sanc- 
tion of law and the official authority of the directors. Re- 



208 OFFICIAL AND JUDICIAL DECISIONS. 

course to dismissal or expulsion from school should not, how- 
ever, be had, except for very grave and aggravated offenses. 
Ko pupil can be expelled from the public schools for a frivo- 
lous or light and trivial cause. The teacher possesses the 
power and has the right to control the school by means of 
proper punishment; and it is his duty to coerce obedience to 
the rules of the school hy proper and reasonable punishment, 
if it can be done, before the pupil is expelled from the school. 
It is only when reasonable means or punishment of the refrac- 
tory scholar have failed to induce obedience that he can be 
justified in expelling such scholar. If, however, a scholar per- 
sists in disobeying the teacher, after proper admonition or 
punishment, to such an extent as to justify the belief that the 
course of disobedience will be continued, then the board will 
be justified in expelling the scholar. (§ 48.) ■ 

34. Continuance of Schools. — By section forty-eight, direct- 
ors are required to establish and keep in operation free schools 
for at least six months in each year, and longer, if practicable. 
Six months is merely the minimum duration of schools, which 
every district must maintain to be entitled to the public funds. 
It is not only the right of directors to extend schools beyond 
that time, but it is plain, from the very language of the law, 
that it is their duty to do so when practicable. Whenever the 
public funds (by which is meant all funds except special dis- 
trict taxes) are sufficient to pay the expenses of the school be- 
yond six months, the right of the directors to so extend them 
is unquestionable. ]^o vote of the people is necessary in such 
case. It is only when it is necessary to levy a tax to continue 
schools, that a vote of the people is required. (§ 48.) 

35. Number of Schools in a District. — Directors must estab- 
lish a sufficient number of schools for the proper accommoda- 
tion of all the children in the district between the ages of six 
and twenty-one years. It is the imperative duty of the di- 
rectors to establish as many schools as the wants of their dis- 
trict require. If they should fail or refuse to do this, the in- 
habitants have undoubtedly a legal remedy. The language of 
the law is peremptory : The directors ^'^ shall establish and keep 
in operation, for at least six months in each year, a sufficient 
number of free schools for the proper accommodation of all the 
children in the district, over the age of six and under twenty- 



OFFICIAL AND JUDICIAL DECISIONS. 209 

one years," They have no right to crowd fifty children into 
a house which can 'pro'perly accommodate only thirty. If one 
school-house is not sufficient, the directors must build another, 
and yet another, if necessary ; or, until this can be done, they 
must hire or rent suitable rooms or houses for schools. In like 
manner, when the school-house is inaccessible, or too remote 
for the convenience of all, it becomes the duty of the direct- 
ors to provide a second house, so that all may be accommo- 
dated, as far as possible. 

36. Use of School- Houses. — The guardilnship and control 
of school-houses, and of the school property of a district, are 
vested exclusively in the board of directors, and not in the 
teacher nor the inhabitants of the district ; but they are vested 
in them only for the purposes contemplated by law. It follows 
that, viewed purely as a legal question, school-houses can only 
be used for school i^urposes. But, in the present condition of 
our country, it is often a matter of great public convenience 
to have the use of a school-house for religious meetings, and 
other purposes of public utility, and such use should not be 
denied, except for abuse. It must be always understood, how- 
ever, that all damages and expenses must be borne by those 
thus using the house, and not by the district; and that such 
use is a matter of favor and not of right. (§ 39.) 

37. Use of District Tax Funds. — Money raised by district 
taxation for specific purposes should be faithfully devoted to 
those purposes. But any surplus remaining may be used by 
the directors for any legitimate school purpose. If money is 
raised for a particular purpose, such as building a school-house, 
etc., and circumstances subsequently occur rendering it unwise 
or inexpedient to use it for said purpose, it is competent for 
the people of the district to determine, by vote, to what other 
use the money shall be devoted. Thus, it may chance that 
before the money is collected or expended, it may be deemed 
best to consolidate or otherwise change the district, thereby 
obviating the necessity of a new house, or requiring an en- 
tirely different sort of a building — or the cost of building may 
be so enhanced as to make it expedient to postpone the work, 
etc. In such cases it cannot be wrong for the people to act 
with reference to the changed circumstances and conditions of 

the district. But the rule is as first above stated, and it is not 
14 



210 OFFICIAL AND JUDICIAL DECISIONS. 

believed that circumstances will often occur of such a nature 
as to authorize a diversion of the funds from the original pur- 
pose for which they were levied. 

38. School Directors as Witnesses. — If a teacher, or other 
person, sue a board of school directors by their corporate name 
and style, then either or all of the directors may be witnesses 
generally in the case. In all cases where corporations which 
are of a public nature are parties on record, or interested in 
the suit, the members of such corporations are competent wit- 
nesses. But when school directors are sued in their private 
capacity they cannot be witnesses in the case, except as other 
private parties may become witnesses in cases in which they 
are interested. {Swift's Evidence, 57. 1 Green., 438-9.) 

39. May Acquire and Hold Real Estate. — Boards of school 
directors may, whenever, in their judgment, the interests of 
their district require it, receive conveyances of real estate in 
satisfaction of debts due the district, acquire and hold prop- 
erty, and maintain actions in their own corporate name to 
obtain possession of land or other property that has been con- 
veyed to them. 

40. Use of Schedules— Bight to Tax. — The object of schedules 
is two-fold: First, to enable the trustees to determine how 
much of one-half of the public fund each district is entitled ^ 
to, (§ 34;) and second, to make it lawful for the directors 
to draw an order on the treasurer in favor of the teacher, 
(§ 63, last clause;) the rendition of a schedule being by law 
a condition precedent to any teacher's claim to the public funds. 
(§ 52.) When a schedule has been returned to, and ac- 
cepted and filed by, the township treasurer, the teacher has 
henceforth a clear and perfect claim upon the district for the 
whole amount certified in said schedule to be due him, and if 
the whole is not paid in April or October, when due, the 
balance must be paid " out of ihQ first moneys coming into the 
hands of the township treasurer to the credit of said district," 
with interest at the rat^ of ten per cent, per annum. (§ 54.) 
The intention of the law is to prevent the accumulation of back 
debts, and the withholding of what is due to one creditor in 
order to pay another. The directors of every district have full 
power (§ 43,) to levy suflicient tax, annually, to pay all the 
expenses, of every description, for a six months' school, '^o 



OFFICIAL AND JUDICIAL DECISIONS. 211 

vote is required. The power is expressly conferred and tlieir 
duty to levy a tax is peremptory. There can be no excuse 
whatever for not paying all schedules in full when due, and 
all other expenses connected with a six months' school. In- 
stead of indebtedness for past services of teachers, and for 
incidental expenses, there should always be a surplus in the 
treasury. The amount levied should always be a little more, 
rather than a little less, than the estimated annual expenses, 
and ,then no district will be harassed with petty debts from 
year to year, and no teacher compelled to wait for petty bal- 
ances due him. "Pay as you go," is the only true rule for 
directors, as for individuals. Every farthing has to be paid 
sometime ; the whole taxable property of the district is bound 
for it; and it might as well be provided for and paid first as 
last. There is no limitation upon the rate of taxation for 
school purposes under section forty-three. In cases where the 
power is given to the directors to make the levy, (§ 43,) there 
is no limit but the amount required for the purposes for which, 
it is levied ; and the same is true where the power is conferred 
upon the voters of the district. (§ 48.) {Merrii v. Farris, 22 
III, 303.) 

41. Disirid Taxes 3Iusi be Uniform. — When a district lies 
partly in two or more townships, all the funds accruing to said 
district from the several townships, must be merged into and 
considered as one common fund, regardless of the fact that 
one township may have a large township fund and another 
a small one. And when said common district fund is ex- 
hausted, and a tax becomes necessary, for any purpose, said tax 
must in all cases be levied uniformly upon the whole district 
regardless of township lines. Section forty-five of the act is 
conclusive upon this point. Every school district must be 
treated as a unit in taxation. Directors must base their esti- 
mates (§44) upon the taxable property of the whole district, 
and report the names of all the tax-payers. And county clerks 
must assess one uniform tax upon the whole district. It would 
be as illegal to tax one part of a school district and not another 
part, or to levy one rate upon one part, and a different rate 
upon another part, as to do the same thing in the levy and 
assessment of state, county, or municipal taxes. It does not 
matter if the principal of the township fund of one of the 



212 OFFICIAL AND JUDICIAL DECISIONS. 

townships concerned is ten thousand dollars, while another of 
said townships has no township fund at all ; apportionment 
must be made upon each separate schedule in strict accordance 
with the attendance certified, as required by section thirty-four, 
and with the enumeration of children under twenty-one, the 
same precisely as if the whole district lay in the same town- 
ship. If a house is to be built, the inhabitants of that part 
of the district which chances to be in a wealthy township, 
cannot escape their due proportion of the necessary tax. All 
district taxes must be uniform throughout the district. The 
only possible way for any inhabitant of a school district to 
avoid payment of his proportion of whatever tax may be levied 
on the district, is to be set off to some other district. All 
these things must be considered when such a district is pro- 
posed to be formed, and if all are not willing to bear their 
share of the common burdens, they can seek to prevent the 
establishment of the district. 

42. District Should own School Site. — A school-house should 
never be erected upon land not owned by the district, except in 
case of absolute necessity. The law does not forbid the build- 
ing of a school-house upon leased ground, or where the dis- 
trict does not possess the fee, but it is a bad practice, and 
almost sure to result in trouble and loss to the district, sooner 
or later. No site should be voted for until it is ascertained 
whether a clear warrantee deed can be obtained or not. If a 
site is voted for, and it is afterwards found that a clear title 
cannot be obtained, it is better to select another site. It is im- 
politic to build and expend the money of the district upon lots 
in which th^ district has only a conditional estate, as where the 
lots, by the terms of the deed, revert to the former owner 
when they cease to be used for school purposes, etc. Where 
the ground upon which existing school-houses stand, is in that 
condition, the directors should secure quit claims, if possible, 
from the makers of the deeds, so as to pass the titles which 
they might acquire by reversion. The property may become 
very valuable, and the directors may wish to change the site 
of the school-house, in which case the land should be held by 
such a tenure that the district could sell and have the benefit 
of the proceeds for the new house and site. A clear title, in 
fee simple, is always the best policy. 



OFFICIAL AND JUDICIAL DECISIONS. 213 

43. Two Directors May Act. — By section forty-eight, two 
directors are declared to be a quorum for business. This is 
general, and applies to any and all school business requiring 
the action of the board of directors. The action of two is the 
action of the board, and binds the board, as firmly as the ac- 
tion of all. Any contract, order, stipulation, bond, agree- 
ment, or other oflicial instrument, signed by two members of 
the board of directors, is legal and valid. And equally so is 
a verbal contract, agreement, etc., made before witnesses, by 
two members of the board. It is not essential to the validity 
of a contract, etc., signed or approved by a majority of the 
board, to prove that said contract, etc., was made at a formal 
meeting of the board, and that all the members of the board 
were notified of said meeting. The law does not go behind 
the/ac^ that the act was performed by a majority of the board 
— it does not ask how the action of that majority was obtained, 
whether at a meeting to which all the members were invited, 
or by the individual action of each member. It assumes that 
the action of the majority was lawfully obtained, unless proof 
to the contrary is produced. (Trustees v. Allen, 21 111, 120.) 
[Schojield v. ^Yaik^ns, 22 III, QQ.) 

But while the above is the rule of the law in the premises, 
it does not in the least lessen the moral obligation of the clerk 
of the board, and each member thereof, to see that all the 
members are duly notified of every meeting of the board, and 
of every official act which it is proposed that the board shall 
perform. An act may be technically legal, and yet outra- 
geously wrong, morally. Such is the willful withholding from 
one member of the board, all knowledge of an act which the 
other two intend to perform, and which the knowledge or 
presence of the third director might defeat. All important 
school business, such as employing teachers, making contracts 
of any kind, examining schedules, drawing orders for any pur- 
pose on the treasurer, etc., should be done at a meeting called 
for the purpose, due notice having been given to all. The 
practice of transacting such business by the individual action 
of the members of the board, without calling a meeting, is 
very reprehensible, and opens the door to fraud and imposition. 
A director is approached in the street or at his place of busi- 
ness, and urged to sign a contract in favor of a teacher, or an 



214 ornciAL and judicial decisions. 

order on the treasurer in favor of some map or book peddler, 
and, without due reflection, it is done. The interested party 
takes the paper, and hurries off to another director, whose sig- 
nature, with the help of the one already obtained, is quickly 
secured. And thus the board may be committed to an incom- 
petent teacher, or to the purchase of a worthless article, and 
the best interests, and money, of the district be sacrificed. 
Every motive of prudence, of propriety, and of regard for the 
trusts committed to them, should deter school directors from 
doing business in that way. The fact that an instrument pro- 
cured in that way holds good in law, does not make the trans- 
action itself less reprehensible. 

44. Districts Created by Special Act. — It is held that when a 
school district is created by a special act of the legislature, out 
of territory situated in one or more coDgressional townships, 
and a special school board is created, with corporate powers, 
the inhabitants of such special district cannot vote at the regu- 
lar township elections for township school trustees. The pri- 
vate law conferring corporate powers upon a portion of a 
township, negatives the right of the inhabitants to be regarded 
as a part of the body politic of the school township. In a 
similar case in the city of Galena, the court decided that the 
inhabitants had no right to vote for school purposes outside of 
the city limits. A subsequent law which is general, does not 
abrogate a former one which is special ; nor does a general 
law operate as a repeal of a special law on the same subject 
passed at the same session. (12 111. B., p. 339.) But no pri- 
vate or special law can alienate or impair the right of all the 
inhabitants of every congressional township to an equitable 
share of the interest and profits of the township fund. That 
is a vested right, being guaranteed by the express provisions 
an«.l conditions of the act of congress donating the lands by 
the sale of which the township fund itself was created. The 
propositions of congress donating the sixteenth section, or its 
equivalent, in every township, "to the state of Illinois, /or the 
use of the inhabitants of such townships, for the use of schools," 
were formally accepted by the state, and the compact was 
solemnly ratified by congress, and thereby' made irrevocable. 
It is therefore an inalienable and indefeasible right, one which 
the legislature did not give and cannot take away ; and hence 



OFFICIAL AND JUDICIAL DECISIONS. 215 

all private laws creating school districts with special corporate 
powers, must be construed in harmony therewith. This de- 
cision applies chiefly to special school districts and school 
corporations in cities and towns. {R: S. 1858, 43, 45, 57.) 

45. When a District is Divided Pending the Collection of 
Taxes. — If a district levies a tax, and before the same is col- 
lected, a portion of said district is cut ofi by the trustees 
and attached to another district, the taxes collected from the 
territory cut off, go to the district to which said territory is 
attached. But if the territory is not detached by the trustees 
till after the tax is collected, the detached portion does not 
take its taxes with it. 

46. Dchts of Districts. — Section thirty-three provides that 
when a new district is formed out of one or moj:e districts, said 
new district is entitled to an equitable share of the school funds 
and property of the old district or districts; and also that 
when two or more districts are consolidated into one, the new 
district shall own all the corporate funds and property of the 
several districts. The same rule should govern in respect to 
the debts of districts. If two districts are made into one, either 
under section thirty-three or thirty-five, the new district is 
liable for the debts of said two districts. And if two districts 
are made out of one, each of the new districts is liable for its 
just share of the indebtedness of the old district. These facts 
must be considered when the division or consolidation of dis- 
tricts is contemplated. When a district is divided and a new 
one formed, if the old district was in debt, the new district's 
share of that debt should be deducted from the amount due 
said new district as its distributive interest in the value of the 
property and funds of the old district. The debts should be 
apportioned on the basis of the amount of taxable property 
remaining in each district. 

This principle has many important applications. It applies 
to the case of the formation of a new district from part of the 
territory of an old district which had, previous to the division, 
employed a teacher and commenced school, relying upon the 
funds on hand to pay said teacher ; it applies, also, where, prior 
to the division, contracts were made and work done under 
them, the funds on hand, or a portion of them, having been 
specifically set apart and appropriated to the payment of such 



216 ornciAL and judicial decisions. 

contracts or services. The moneys so appropriated and due 
teachers, workmen, and others, and for lots, materials, &c., are 
really or virtually district debts, accrued or to accrue, and as 
such they should be equitably shared by the two districts. It 
is true that the requirement to divide the funds on hand, when 
a new district is made by the partition of an old one, (§ 83,) 
does not seem to admit of any exceptions — the language is 
comprehensive. But it cannot be that the legislature intended 
to enact a law by which a corporation might be utterly inca- 
pacitated and prevented from fulfilling its contract obligations, 
paying its just debts, and redeeming its most sacred pledges. 
"Where the consequences of a particular construction of a law 
would render its operation mischievous, that construction 
should be avoided, provided it is susceptible of a different one. 
{The People v. Marshall, 1 Gilm:\ 672.) Such a construction of 
this clause of the thirty-third section of the school law as 
would render a board of school directors liable at any time to 
be utterly deprived of all means and power to meet their legal 
obligations and pay their just debts, would surely be most 
mischievous in its operation. Under such a construction a 
teacher might be employed for six months, a tax levied and 
collected with which to pay him, and the term of school on 
the eve of completion, and then the district be cut into frag- 
ments or wholly abolished by the trustees, and all, or a part 
of the means of paying the teacher be swept from their grasp ; 
or, a school-house might be contracted for and built, and a 
heavy tax be collected to pay for it, and at the last moment 
two or three new districts might be carved out of the old one 
and the money divided among them, and the directors left 
completely powerless to pay the debts incurred. A construc- 
tion that involves such acts of palpable injustice and wrong as 
these, and many others that might be named, must be avoided 
if possible. And a different construction is believed to be not 
only possible, but fairly warrantable, and is therefore adopted. 
The principle that when a new district is created it is not only 
entitled to a just share of the funds and property of the parent 
district, but is also bound for a like equitable proportion of 
the debts and liabilities, solves the whole difficulty. This con- 
struction is just and reasonable, and is accordant with the spirit 
and intent of the act. Let the legal and bona fide debts of the 



OFFICIAL AND JUDICIAL DECISIONS. 217 

old district be first paid or provided for, and then divide the 
remainder as required by law. This section has been difl'er- 
ently and more strictly interpreted, but a careful investigation 
has satisfied me that a more liberal construction should be 
adopted. 

47. A Director may he Elected Trustee^ and vice versa. — By 
section forty-two, "no person shall be at the same time a di- 
rector and trustee." But it does not follow that a director 
may not be voted for and elected trustee, or the reverse, as the 
case may be. It is the holding and performing the duties of both 
ofiices at the same time, that is forbidden by the statute.- A 
school director is as eligible as any other person to the oflice 
of township trustee, and vice versa. But if a director is elected 
trustee, he must resign the ofiice of director before he can as- 
sume that of trustee — he cannot act in both positions at the 
same time. So if a trustee is elected director, he cannot act as 
director until he resigns as trustee. In either case the person 
may retain his present ofiice and decline the other, or resign 
his present ofiB.ce and accept the other, as he chooses; and he 
should do one thing or the other without delay. If a director 
is elected trustee or the reverse, and draws lots for his term as 
trustee, he hy that act accepts the ofiice of trustee, and ceases 
to be director. 

48. Districts Divided hy Township Lines. — When a district is 
divided by a township line, separate schedules must be kept of 
the pupils from each township, as required by section fifty- 
three, and the amount due the teacher from each township 
must be computed upon the basis of the total days' attendance 
of the whole school, as required by section thirty-five, and 
said proportional amounts must be certified in the resj^ective 
schedules, and paid by the respective township treasurers. If 
the public fund of one township is not sufiB.cient to pay in full 
the separate schedule for that township, while the fund of the 
other township is more than sufiS.cient to pay its separate 
schedule, the surplus of the latter is subject to the order of 
the directors in favor of the teacher, to make up the deficiency 
of the former. If there is still a deficit, it must be made up 
by a uniform tax upon the whole district. In no case can a 
separate schedule after being partly paid by the proper treas- 
urer, be presented to the other treasurer for the balance due 



218 OFFICIAL AND JUDICIAL DECISIONS. 

thereon. Each separate schedule must be filed by the treasurer 
of the township in which the pupils named in said schedule 
reside. The right of the directors to draw their order for any- 
surplus remaining after the amount certified in either of the 
separate schedules has been paid, is based upon the fact that 
every district is by law a unit, regardless of township or county 
lines. A fractional district is unknown to the la-w. When, 
therefore, a district is divided by a township line, any surplus 
remaining after the payment of either separate schedule, is 
just as much subject to the order of the directors, as if the 
district lay v^holly in one township. It is much better in 
such cases for the directors to make the treasurer who receives 
the district tax money, ( § 45,) the custodian of all the public 
funds, also, of th^ district, and to so inform the trustees and 
treasurer of the other township, in writing, under their hands 
as directors. In that case, the amounts apportioned in April 
and October, on census and schedules, to that part of the dis- 
trict lying in the other township, are paid by the treasurer 
thereof to the treasurer selected by the directors as the custo- 
dian of all their district funds, taking his receipt therefor. 
The- directors then draw their order on the treasurer so chosen, 
for the whole amount due the teacher, and for all other school 
purposes, and the financial arrangements of the district are 
much simplified. 

49. Limited to Amount Voted. — "Where power is conferred by 
the statute upon the voters of a school district to determine 
what rate or amount of tax shall be levied for special school 
■ purposes, such as building school-houses, et cetera, under section 
-forty-eight, the directors cannot levy a higher rate, or a larger 
amount, than that voted for by the people. In such cases the 
directors simply act as the agents of the voters at large, and 
must not transcend their instructions. If they are authorized, 
by vote, to levy a tax of one per cent., for instance, for building 
purposes, their power is exhausted by the levy of said one per 
cent.; they cannot levy an additional one per cent., without 
another vote authorizing them so to do. If, however, the 
people, by vote, clothe the directors with discretionary power 
to levy such amount as may be necessary for building purposes, 
it is held that they may exercise the discretion so conferred, 
and that their acts will be valid ; but the conferring of such 



OFFICIAL AND JUDICIAL DECISIONS. 219 

general powers upon the directors is liable to many evils and 
is not to be recommended. 

50. Deeds should be made to Trustees. — By section thirty-nine 
the title of school-houses and school-house sites vests in the 
township trustees, for the benefit of the proper school district. 
If "a deed is made by mistake to a board of school directors, 
instead of the trustees, it should be canceled by the maker and 
a new deed executed to the board of trustees as aforesaid. 

51. When there are Two or viore School-Houses in a District. — 
By section thirty-five, school directors may grant or withhold 
their consent for pupils to come into or go from their district 
to school ; and by section forty-eight they are authorized to 
make all necessary rules and regulations pertaining to the 
schools of their respective districts. It follows, from these 
provisions of the act, that in districts where there are two or 
more school-houses, the directors have full power to prescribe 
and determine to which house each pupil of the district shall 
be permitted to go. It is a matter clearly within the official 
jurisdiction and control of the directors, and for their action 
in the premises they cannot be called to account, except for 
wanton abuse of the powers conferred upon them by law. 

52. Whe7i a Schedule is left Incomplete. — When a teacher 
dies before completing his schedule, or when, for any other 
unavoidable reason, a schedule is not and can not be completed, 
or certified by the teacher, the directors may return it to the 
township treasurer, after correcting such errors as they may 
be cognizant of, with an affidavit or certificate, setting forth 
the reasons why it is not completed and certified by the teacher, 
and any other material facts in regard to its unfinished condi- 
tion. Said affidavit or statement of the directors should be 
filed by the treasurer with said schedule, and will be a suffi- 
cient warrant for the trustees to accept the schedule and make 
apportionment thereon. 

53. Orders in Favor of Directors. — A school director cannot 
be interested in any contract made by the board of wdiich he 
is a member. (§ 42.) Payment of orders drawn by two direct- 
ors in favor of the third, in violation of that requirement of 
the law, may be refused; unless it is shown, to the satisfaction 
of the treasurer, that it was impossible or impracticable to 
obtain any other person to do the work or furnish the articles 



220 ornciAL and judicial decisions. 

for which the order is drawn. The object of the prohibitory 
clause is to protect the funds of the district from being mis- 
applied or squandered, as they might be if directors could at 
will contract with, and draw orders in favor of themselves. 
But if, in a particular case, any necessary material or labor 
cannot be obtained except from a director ; or if the same is 
offered by a director at a less price than that demanded by 
others, in order to benefit the district, and in good faith — in. 
such cases it would be no violation of the spirit and purpose 
of .the law for the other directors to draw an order in favor of 
said director, and said order should be paid by the treasurer. 
These are exceptional cases, for which no definite rules can 
be laid down. The treasurer must judge of and determine 
each of such cases separately, and upon its particular merits. 

54. Private Schools in Public School- Houses. — By section 
thirty-nine, the control and supervision of school-houses is 
vested expressly and exclusively in the board of directors. 
They may allow the use of the house, after the free schools 
are closed, for a private, select, subscription, or writing school, 
or for other purposes, if they see fit, or they may refuse to 
permit the house to be used for any such purpose, at their 
option. And if they grant the use of the house they may 
impose upon the occupant such terms and conditions as they 
see proper, provided that they must in all cases require the 
occupant to pay for his own fuel, etc., and to leave the property 
in as good condition, in all respects, as he found it. If they 
choose to let the house for a private or select school, they have 
no right whatever to require the teacher of such school to ob- 
tain a certificate from the county superintendent. They have 
no responsibility in regard to him or his school. Their jurisdic- 
tion in that respect is limited to the case of free public schools. 

55. Insurance of School-Houses. — School directors should see 
that their school buildings are protected, by adequate policies 
of insurance, against loss or damage by fire, etc., and that 
the policies are regularly and promptly renewed at expiration. 
Their right and duty to do this are unquestionable. It is a 
precaution which should never be omitted. The premium 
should be considered as a necessary incidental expense, and 
regularly provided for as such, under section forty-three. No 
vote of the district is required. 



OFFICIAL AND JUDICIAL DECISIONS. 221 

56. Section .Forty -five, last line. — The word "co?m^^," before 
the word ^^ collector," in the last line of section forty-five, is an 
error. It was stricken out from other parts of the section 
when it was amended, but inadvertently retained in the last 
line. The clause should read: "Shall demand and receive 
the tax money collected by the collector as aforesaid " — meaning 
either town or county collector, as the case may be. 

57. Tax for Six Months' School. — By sections forty- three and 
forty-eight, school directors have power, and it is imposed upon 
them as a duty, to estimate the amount required, over and above 
the state and township fund, to keep in successful operation the 
schools of their district for six months in each year, and 
to levy and have collected, a tax sufficient to raise such amount. 
If the state and township fund is sufficient of itself to main- 
tain a six months' school, the directors cannot raise an addi- 
tional amount without a vote ; but whatever sum the public 
fund lacks of being enough for a six months' school, the di- 
rectors must levy and collect, without a vote. There is no 
limit to the rate of taxation that may be imposed for this 
purpose. [Merritt v. Farris, 22 III, 303. Munson v. Minor^ 
Ibid., 594.) If the estimate of the directors, made in good 
faith and according to their best judgment, prove more than 
sufficient for a six months' school, it is held that the surplus 
may be used, either with or without a vote, to extend the term 
of schools. 

58. Forcible Ejection of a Pupil. — If the board of school 
directors, in the lawful exercise of powers clearly conferred 
by law, expel a pupil, for good and sufficient cause, and the 
scholar so expelled refuses to leave the school-room or premises, 
and persists in defying the just and legal authority of the board, 
such pupil may, if necessary, be lawfully ejected by force. In 
like circumstances, the teacher also, as the agent and acting 
under the advice and instructions of the board, may employ 
force to remove an expelled or refractory pupil from his prem- 
ises, and he may call to his assistance such aid, from any other 
person or persons^ as may be necessary to accomplish the 
object. (^Stevens v. Fassett, 27 Maine, 266.) The school-house 
is in the charge and under the control of the authorized 
teacher, so far as is necessary for the discharge of his duties 
as teacher. The law clothes every person with the power to 



222 OFFICIAL AND JUDICIAL DECISIONS. 

use force sufficient to remove one who is an intruder upon his 
possessions, and the school-house is for certain purposes the 
teacher's close, his kingdom, or Ms castle. The teacher has respon- 
sible duties to perform, and he is entitled in law and in reason 
to employ the means necessary therefor. It is his business to 
exact obedience in the school-room, and it is his legal right. 

59. Mai/ Use Souse in Another District. — It is no doubt the 
intention of the law that every organized school district shall 
have its own school house, and the duty of providing the same 
as soon as possible is clearly imposed upon each board of di- 
rectors. But the temporary use of a school-house situated 
beyond the limits of a particular district is not unlawful, or 
incompatible with the spirit and intent of the act, which is to 
afford the means of common school instruction to all children 
of lawful age. Directors are compelled, by section forty- 
eight, to provide school accommodations for all the school- 
going children of their district, for at least six months in every 
year. In order to do this, they may be obliged, for the time 
being, to avail themselves of a building beyond the borders of 
their own district; or the convenience of the children may 
be temporarily consulted by so doing. The necessity may 
arise by the destruction of their own house, or inability to 
erect a new one in season, or the need of more room, and in 
many other ways. In such cases, the school belongs to the 
district, to all intents and purposes, under any fair construc- 
tion of the law ; as much so as if kept in a building within 
the bounds of the district. It is under the charge and control 
of the board, is subject to all the rules and regulations estab- 
lished by the board, and is common to the entire district. Its 
schedules should therefore be honored, and its expenses paid, 
the same as if the house were not across the district line. 
And for the same reasons, the funds of a district may lawfully 
be used, if necessary, for the repairs and improvement of a house 
in another district, so long as the use of the same is necessa- 
rily required for the accommodation of the school children of 
the other district. These principles are expressly declared by 
the supreme court in the case of Crrove v. School Inspectors of 
Peoria, 20 III, 532. 

60. Powers Conferred hy Section 43. — Directors, under section 
forty-three, possess very large powers, and are charged with 



OFFICIAL AND JUDICIAL DECISIONS. 223 

very important duties. Of the latter, some are mandatory, and 
others discretionary or permissive. Among the duties which 
they are peremptorily required to perform by section forty- 
three, taken in connection with section forty-eight, are the 
levying of a sufficient tax to support a six mouths' school — 
procuring school-houses enough for the proper accommodation 
of all the school children of the district — providing fuel and 
other necessary articles for the comfort and convenience of 
teachers and pupils, etc. It is also their duty to keep their 
school-honses and grounds in good repair, and to render them 
pleasant and attractive. To this end they should cause the 
house .to be painted, and trees, shrubbery and flowers to be 
planted, etc. ISTot a year should be allowed to pass without 
planting trees, where there are none already. Ample shade is 
necessary for health, comfort and sightliness, and can always 
be had at a trifling cost. The soft maple, box elder, elm, etc., 
will yield a plentiful shade in three years, and no school-house 
lot should ever be longer than that without the luxury. Among 
the most repulsive and needless sights in the state, is that of 
a school-house sweltering in the sun, choked with dust, bleak, 
naked and desolate ; without a tree, shrub, or flower, or any 
other object to please the eye and relieve the monotonous 
deformity of the place. There is no apology or excuse for 
this in any case whatever. The planting and boxmg of trees 
should always be attended to at the earliest possible moment, 
and nature will do the rest. Fences, gates, wells, out-houses, , 
etc., should be kept in good condition, and both teachers and 
pupils held to strict account in respect to them. It is impos- 
sible to depict the pernicious efiect of disregarding the claims 
of delicacy and purity in the location, construction and arrange- 
ment of the private retreats provided for the pupils of the two 
sexes. The case of providing none at all, is too gross for 
comment. Directors also have full authority to purchase fur- 
niture, apparatus, books and whatever else may be needful to 
furnish and equip their school-houses. Among the articles 
which they may procure under this head, are, neat and dura- 
ble desks and chairs, common and outline maps, globes, arith- 
metical and geometrical figures and apparatus, anatomical, 
primary and other charts, reference books for the teacher's 
desk, clocks, black-boards, crayons, brooms, dust-brushes, pails, 



224 OFFICIAL AND JUDICIAL DECISIONS. 

wash-bowls, shovels, tongs, ash-buckets, scrapers, mats, cloth- 
iug-hooks, etc., etc. The power of the directors to procure 
all these things, and any others that may be required for the 
complete equipment and furnishing of their schools, school- 
houses and grounds, is clear and unquestionable. And to pay 
for them they may levy any rate of tax that may be necessary; 
no vote is required. It is also the duty of the directors to 
employ some one to sweep, make fires, prepare the fuel, etc., 
unless a different agreement is made with the teacher, or the 
pupils voluntarily attend to those things. Unless otherwise 
specified in the contract no teacher of a public school can be 
required to sweep, make fires, etc. It is no part of his duty, 
unless he agrees and contracts to do it when he is employed. 
By a reasonable construction of the library clause of the forty- 
third section of the act, directors may also procure and keep 
on hand, as the property of the district, a set of the text- 
books adopted and used in their respective districts, for the 
use of their successive teachers. 

61. Uandamus. — "When directors are instructed by a vote 
of the people, legally taken, to levy a tax or borrow money to 
build a school-house, or to do any other act or thing which 
the inhabitants of a district may lawfully require to be done 
by them, and said directors neglect or refuse to obey such in- 
structions — and when directors fail or refuse to discharge the 
duties clearly imposed upon them, as directors, by law, and 
the people of the district have no other recourse or remedy — 
in all such cases, a writ of mandamus will lie to the board of 
directors, commanding and compelling them to discharge their 
duty. (Beverly v. Sabin, 20 III, 357. Cotton v. Reed, Ibid, 607.) 

62. When House is too Small, etc., — School directors have no 
power to build a school-house without a vote of the people. 
(§ 48.) ^JsTor have they any power to build a larger house than 
the people authorize. If the vote is only for a house 12 m 20, 
the directors cannot build one 36 x 48. If the house voted is 
too small to accommodate the children of the district, the di- 
rectors should endeavor to obtain another vote for a larger 
house ; if they fail in this, they must try to procure additional 
accommodations, by renting or otherwise. But if they can 
neither induce the people to authorize the erection of a house 
of proper size, or to enlarge the present house, nor obtain the 



OFFICIAL AND JUDICIAL DECISIONS. 225 

additional room required, by renting, or otherwise, then they 
must refuse to admit more scholars than the house can com- 
fortaljly hold, no matter how many are thereby, for the time, 
excluded. They must not crowd and pack the house with pu- 
pils, far beyond its limits, regardless of consequences to health 
and comfort. School directors are not required to perform im- 
possibilities; they are powerless to raise funds for building 
purposes without a vote of the inhabitants. They must leave 
no lawful means untried to provide accommodations for all. 
But if they exhaust all their legal powers, without effect, the 
responsibility rests upon the inhabitants, not upon the direct- 
ors. They cannot transcend their legal powers, nor can they 
be required to build or enlarge school-houses at their own 
expense. But they' have no right, because the needful au- 
thority to build is wrongfully withheld, to commit a greater 
wrong by jeopardizing the health, and even the lives, of the 
children, by admitting more than the house can safely ao- 
commodate. The law requires no such thing, — humanity 
forbids it. 

63. Pupils from Unorganized Districts^ etc. — In the case of 
children of unorganized districts attending school in other 
districts, all that can be done is to allow the district in which 
the school is kept the benefit of the attendance of such chil- 
dren — since the requirements of section thirty-five cannot in 
that case be complied with, their being but one board of di- 
rectors. Add the attendance of pupils from the unorganized 
district to that of the resident pupils, and apportion one-half 
of the fund on the aggregate attendance of both. In this way 
the district in which the school is taught will be reimbursed, 
in part at least, for the instruction of the scholars from the un- 
organized district. If children are sent from an organized dis- 
trict into another district to school, the former is liable for its 
full proportion of the wages of the teacher, as shown by the 
separate schedule, and must levy a special tax to pay the same, 
if necessary. This applies to organized districts which have for- 
feited the public funds by failing to maintain six months' school 
as required by law. It is a fundamental rule of the law that 
every organized district shall pay the amount certified to be 
due the teacher of the school to which its children are sent,, 
and the claim can be collected by law. 
15 



226 OFFICIAL AND JUDICIAL DECISIONS. 

64. Name and Style of Districts. — Every school district must be 
designated by some number, ( § 48,) and no district should have but 
one number. When two districts are consolidated, the new district 
should take the number of one of the constituent districts, and not 
of both. Such a designation as district number four and five, for 
instance, is improper — it should be either one or the other. The 
rights and claims of parties against a school district are not im- 
paired by a change of the name or number of said district. If a 
teacher or other person have a legal claim for services, etc., against 
district number one., and before said claim is satisfied, said district, 
by consolidation or otherwise, is changed to number two., said claim 
is as valid against the district by its new number as by its origi- 
nal number, and may be enforced accordingly. The corpora- 
tion continues; the designation only, is changed. (11 III., 659. 
28 III, 133.) 

65. Personal Property — Where Taxable under the School Law. — 
While personal property generally follows the residence of the 
owner, and is there taxable ; yet if permanently located elsewhere, 
it may, under the school law, be taxed where so located ; and a 
party who complains of a school tax, as levied in a certain district, 
must show that the property was not taxable in such district. 
{Mills V. Thornton, 26 III, 300. King v. McDrew, 31 III, 418.) 

QQ. School Property — When Exempt from Taxation. — ^In order 
to exempt school property from taxation, it must be held by the 
school directors, under such title as will give them the right to 
possess and control it at all times for the use of the district. The 
fact that property may have once been used for the purposes of a 
public school, does not of itself give it the character of public 
school property, after it ceases to be so used. The school prop- 
erty which is exempt from taxation by statute embraces all lands 
donated for school purposes and not sold or leased — all public 
school-houses, with their books and furniture, etc., and \he grounds 
attached to such buildings necessary for the proper occupancy, use 
and enjoyment of the same, and not leased or otherwise used with 
a view to profit. Exemption from taxation, so far as property 
of public schools is concerned, is limited to such property as is 
actually used for school purposes and is subject to the actual and 
exclusive control of boards of school directors. Hence real estate 
or other property coming into the possession of school districts in 
satisfaction of debts, etc., and not actually used for school pur- 



OFFICIAL AND JUDICIAL DECISIONS. 227 

poses, is not entitled to the benefit of the exemption provided by 
the statute. (^Scales' Comp.^ 1030. Pace v. Co. Commissioners, 
20 III, (344.) 

67. Alienation of District Taxes. — Every school district is en- 
titled to the whole amount of special taxes levied therein for school 
purposes. The provisions of the statute (§§ 45 and 46) are very 
clear upon this subject, and the remedy in case of default is plainly 
pointed out. If any portion of such taxes are allowed, intention- 
ally or otherwise, to go into the county treasury, in the form of 
" back taxes," or in any other manner, they may be recovered at 
the suit of the township treasurer, as provided in the forty-sixth 
section of the act, and when so recovered shall be placed to the 
credit of the proper districts, as required by law. 

68. Right of Action in Certain Cases. — The school trustees of 
a township are public officers, vested with the power to determine 
to what district money collected for school purposes shall belong. 
Where money collected for school purposes has been ordered by the 
trustees of the township to be paid over by the treasurer to the 
school directors of a particular district, such directors cannot refuse 
to receive it ; nor by receiving it do they become liable to an action 
by another district claiming it. If the district claiming the money 
to have been improperly paid over, have any right of action, it 
must be against the trustees of the township who directed the 
money to be paid. (^School Directors of District No. 5, T. 24, li. 
10, in Ogle Co., V. School Directors of Dist. No. 1, same Town- 
sJiip, 36 III, 140.) 

69. Liable for Money Paid on their Order to Teachers having 
no Certificates. — School directors are individually liable for the 
amount of school funds paid on their order to a teacher who had 
no certificate. Their liability is not changed by the fact that a 
part of the money so drawn was paid to an assistant teacher who 
had a certificate, if the teacher named in the schedule, and the 
only one known therein, and the payee of the order, held no cer- 
tificate. 

70. Choice of Site. — By section forty-eight, "if no locality 
shall receive a majority of all the votes cast " at an election called 
for the purpose of choosing a school site, the board of directors 
are authorized to select a site. The power of the directors to 
select, is conditioned upon the failure of the people of the dis- 
trict to agree upon a site by a majority vote; they cannot act 



228 OFFICIAL AND JUDICIAL DECISIONS. 

in any other case. But it is held that if the site voted for by the 
people is palpably and notoriously unfit for the purpose, the di- 
rectors may refuse to build thereon, and may order another meet- 
ing to choose a site. Their own power to choose does not exist 
until the voters fail to agree by a majority vote ; but if the voters, 
through caprice, selfishness, jealousy, indifference or negligence, 
locate the house in some grossly inconvenient or inaccessible spot; 
or in a low, swampy, unhealthy or otherwise obnoxious place, the 
directors may properly decline to act, and refer the matter back to 
the people for further action. They would not be justified in jeopard- 
ing the health and comfort, and even the lives of the school children 
of the district, or in squandering the money and property of the 
district, by erecting a school-house in such a locality. But it is 
only in extreme and palpable cases that the directors would be 
warranted in refusing to build upon the site chosen by the people. 

71. False Certificates to Schedules. — By section fifty-three of 
the act, directors are required to certify on each schedule returned 
to them, that the teacher has a legal certificate. If they so certify, 
knowing it to be false, they should be sued before a justice of the 
peace, and fined, as provided by section seventy-six ; and the facts 
may also be reported to the state superintendent who may order 
the township treasurer not to pay any part of the school fund to 
such district, the school not having been kept according to law. 
The state superintendent would be fully warranted in such action, 
by the ninth section of the act. The schedule in such a case is 
worthless, and the teacher must look for his pay to the directors, 
individually, who hired him. Such conduct on the part of the 
directors is moral perjury, and should be visited with the severest 
penalties of the law. 

72. Sours of School. — The powers of directors in respect to 
the hours of school, and the times of opening and closing, are 
limited by the fitness of things, and by general custom. While 
they have some latitude of discretion in the matter, they cannot 
require teachers to observe unreasonable hours, such as from seven 
to ten A. M., and from four to seven p. m., &c. 

73. Liability in Certain Cases. — Directors must establish free 
schools and keep them in operation " at least six months in each 
year, and longer if practicable." (§ 48.) For this purpose they 
have full powers. (§ 43.) When would it be "practicable" for 
them to continue the schools beyond six months ? When there 



OFFICIAL AND JUDICIAL DECISIONS. 229 

are unappropriated funds on hand sufficient for tlie purpose, or 
when they are authorized, by vote, to levy a tax for the purpose. 
(§ 48.) If neither of these conditions exists, they cannot extend 
the term of schooh They can and must sustain schools six months, 
and may, without a vote levy whatever tax is necessary for that 
purpose. (§ 43.) And if there is still money in the treasury not 
otherwise appro^iriated, they can and should extend the term. 
But having done this their corporate powers are exhausted. If 
they contract with a teacher for more than six months, there being 
no funds on hand to pay for such extension, and no vote of the 
district authorizing the same, they, and not the district, are per- 
sonally liable for what is due the teacher for services rendered over 
six months. They are personally liable because their action is 
not warranted by law, and the district cannot be holden for the 
illegal acts of its directors, but for those only which are according 
to law. But the people may, in such cases, if they choose, vote 
to sanction the course of the directors and to assume the debt in- 
curred, and authorize a tax to be levied to pay it. If not, the 
teacher must look to the directors personally. 

74. Reciprocal Action of Trustees and Directors. — The powers 
conferred upon boards of directors by the thirty-fifth section of 
the act, in respect to the formation of new districts by consolida- 
tion, and the bearings of that provision of the law upon the re- 
spective jurisdictions of directors and trustees, have been elsewhere 
explained. A further question arises as to the power of trustees 
to dissolve a union district after having been established by the 
directors under section thirty-five, or to change its boundaries ; 
and the competency of directors, on the other hand, to re-establish 
said union district. The powers of each corporation, acting in its 
own appropriate sphere, are unlimited. I see nothing in the law 
to prevent boards of trustees, at any regular meeting, from dis- 
solving union districts formed by boards of directors under section 
thirty-five, or from otherwise changing the boundaries of such 
districts. On the other hand, if a union district is resolved into 
its original elements by act of the trustees, and the constituent 
districts elect directors, those directors may again consolidate their 
respective districts and re-establish the union district. Each cor- 
poration is, in its sphere, independent of the other, and the action 
of each is liable, so far as any legal impedient is concerned, to the 
subsequent reviewal or reversal of the other. It must remain for 



/ 



230 OFFICIAL AND JUDICIAL DECISIONS. 

each board to decide for itself as to the expediency of traversing 
the action of the other. It must be obvious, however, that the 
interests of schools require the greatest practicable permanency of 
district boundaries, which should not, therefore, be altered by 
either board upon light and frivolous grounds. 

Upon receiving a certified copy of the act of consolidation, it 
is made the imperative duty of the trustees to change the map of 
the township in accordance therewith, and file the same with the 
clerk of the county court. But it is held that the legal action of 
the boards of directors cannot be defeated by the willful neglect or 
refusal of the trustees to perform their duty. A copy of the pro- 
ceedings of the act of consolidation, designating the districts con- 
solidated, and duly signed by a majority of each of the concurring 
boards of directors, and attested by the county superintendent, 
may, it is held, be filed with the county clerk by any of the par- 
ties interested, and be by him recorded as evidence of such con- 
solidation, the same as if filed by the trustees. But this would 
not release the trustees from their liability to a fine, under section 
seventy-six, for " failing to discharge the duties enjoined upon 
them, at the time and in the manner required by the provisions of 
the act." 

75. Purchasing Residences for Teachers. — Directors have no 
power under the school law to levy taxes to purchase residences 
for teachers, either directly or indirectly. The incompetency of 
the directors to levy a tax for such a jaurpose is absolute, and can- 
not be cured by a vote of the people, even though unanimous. 
No taxes can be assessed in a school district but such as are plainly 
allowed or contemplated by law — the purchase of residences for 
teachers is not one of these. For the same reason, no part of any 
school fund of a district can be used for such a purpose. 

76. Where Ow7iers of Land will not Sell. — It is held that school 
directors and township trustees have no power to take land for 
school sites by paying such sum as may be affixed by a board of 
appraisers, as is provided by law in relation to the right of way, 
&c. The consent of the owner is in all cases necessary. If the 
owners will not sell, there is no remedy under the present laws in 
relation to schools. 

77. List of Tax-Payers. — The list of tax-payers which is re- 
quired by section forty-four to accompany the directors' certificate 
of the rate of taxation, must include all tax-payers, whether resi- 



OFFICIAL AND JUDICIAL DECISIONS. 231 

dent or non-resident. The word "resident," before the word " tax- 
payers," in said section seems an inadvertence — it does not restrict 
the lists to the tax-payers actually residing in the respective dis- 
tricts. The property of non-residents is taxable for school pur- 
poses equally with that of residents, and the names of the former 
must therefore in all cases be listed. 

78. Separate Schedules. — When a district lies partly in two 
different townships, the teacher must keep a separate schedule of 
the pupils residing in the respective townships. (§ 35.) When 
the schedules are completed, it is sufficient if the teacher delivers 
them t» some one of the directors. (§ 53.) The director receiv- 
ing the schedules is bound, in connection with one other director 
of the board, to examine, correct and certify them, and to file them 
with the respective township treasurers, (§ 53,) and in default, the 
director, or directors, to whom the schedules were delivered by the 
teacher, are personally liable for any loss sustained by said teacher. 
(§ 54.) The liability is not changed by the fact that the directors 
to whom the schedules are delivered reside in one of the townships 
out of which the district is formed, while the third resides in the 
other township, and that said third director was relied upon to 
file the schedule belonging to his township, but failed to do so. 
Every school district is a unit in the eye of the law, regardless of 
the fiict that it may be composed of territory from two or more 
townships, and the directors receiving the schedules from the 
teacher must see that both of them are placed in the hands of the 
respective treasurers within the time fixed by law. They cannot 
throw the responsibility upon the other director. 

79. Tobacco in School. — School directors, under the forty-eighth 
section of the act, may undoubtedly establish and enforce a rule 
forbidding the use of tobacco, in any form, in any school-room or 
in any part of the school-building ; and for insisting upon a strict 
compliance with such rule, the same being right and proper, they 
cannot be held to account. 

80. The Control of a Public School cannot be Interfered with 
hy any Outside Parties, — No public school is entitled to receive any 
part of the school fund unless it is under the exclusive control and 
direction of a board of directors legally elected by the people of 
the district. No board of directors can surrender the management 
of their school to any protestant clergyman, or catholic priest, or 
to any other person or persons whatever. They would be per- 



232 OFFICIAL AND JUDICIAL DECISIONS. 

sonally liable for so doing, and the school fund would be forfeited 
for the whole time that the school was controlled by any persons 
besides the directors. Ministers of the gospel and all other good 
and godly men are respectfully and cordially invited to yisit the 
public schools, and their aid and countenance are always warmly 
welcomed and earnestly desired by all the true friends of popular 
education ; but they must not interfere with the proper official 
management of the schools, any more than others. A teacher 
who is interfered with or dictated to in respect to the management 
of his school, by any persons besides the directors, may regard 
such persons as intruders, and if necessary eject them from his 
premises. A school ceases to be a public school in the eye of the 
law, the moment that the control of it is assumed by any person 
or persons whatever except the directors. It may seem unneces- 
sary to state these obvious truths, but instances of flagrant disre- 
gard of them have occurred in the state, and this exposition of the 
law in the case is made for the information and guidance of all 
concerned. (§ 48, school law.) 

81. District Bonds. — When directors borrow money for build- 
ing purposes, and issue bonds as provided by section forty-seven, 
and the money is actually paid in, it must be placed in the hands 
of the township treasurer. But it is held that bonds may be 
issued, under said section, instead of money, for labor, materials, 
etc., where the parties are willing to take them. In such case, 
the bonds do not pass through the hands of the township treas- 
ui^er, but are issued directly to thfe parties concerned. Nor are 
township treasurers entitled to a percentage upon such bonds when 
issued, but only upon the money paid thereon when they mature 
and are presented for payment. 

82. Premiums and Prizes. — Directors are not authorized to 
use any part of any school fund, or of any funds raised by special 
district tax, or of any surplus district funds, for the purpose of 
offering premiums or prizes to scholars as an inducement to dili- 
gence in study, or as rewards for proficiency in scholarship or ex- 
cellence of deportment. If such premiums are offered, the ex- 
pense must be defrayed in some other way. It is also suggested 
that there are higher and better incentives to assiduity and good 
conduct in school, than the hope of any material rewards. 

83. Return of Tax Certificates. — By section forty-four, school 
directors' certificates of the rate of taxation should be transmitted 



OFFICIAL AND JUDICIAL DECISIONS. 233 

to the county clerk, through the township treasurers. They can- 
not properly reach the county clerk through any other channel. 
But it is held that this is not essential to the validity of the tax ; 
that in this respect the provision of the statute is to be construed 
as advisory. The county clerk may refuse to receive the certifi- 
cates except from or through the township treasurers ; but if he 
consents to receive them from the directors personally, the law 
does not forbid his doing so, and the fact would not render the tax 
void, provided that the certificates are in due form of law, prop- 
erly signed, and returned on or before the day fixed by statute. 
This view is supported by the fact that township treasurers have 
no supervisory power over said certificates ; they cannot alter or 
change the rates, or pass upon the question of the prudence or 
necessity of the tax certified by the directors as necessary ; their 
only duty in the premises being to see that the certificates are in 
due form of law, and to file them with the county clerk. The ob- 
ject of the law requiring the certificates to be returned through 
tlie treasurers is to keep them informed of the proceedings of the 
different districts, and to subserve the convenience of county clerks 
and directors ; not to give the treasurers any controlling power 
over the certificate themselves. 

84. Separate Schedules Must he Paid. — When the law in re- 
lation to the transfer of scholars from one district to another, 
(§ 35), is complied with, the district in which the school is taught, 
has a good and valid claim against the other district, for the 
amount certified in the separate schedule to be due. The claim is 
not impaired by the failure of the other district to comply with 
the six months' rule of the law, thereby forfeiting its claim to 
the public funds, but remains good until paid, precisely as any 
other schedule; and the amount due must, if necessary, be raised 
by a special district tax. 

85. Consolidation of Schedides. — When children attend school 
in a different district from that in which they reside, the district 
of their residence is entitled to the full benefit of the amount ac- 
cruing upon the attendance certified in the separate schedule of 
8uch children. The number of days' attendance certified in the 
separate schedule is to be added to that certified in the regular 
schedule of the home district, and apportionment made upon the 
aggregate of both. This is to reimburse the home district for the 
amount paid the district where the pupils were taught. The 



234 OFFICIAL AND JUDICIAL DECISIONS. 

same rule applies when the transferred pupils reside in a different 
township from that in which they attended school. 

86. Schools Taught hy Teachers having no Certificates Cannot 
he Paid from District Tax Funds. — As elsewhere stated, all funds 
collected from taxes levied by school directors, must be held sub- 
ject to, and paid out upon the orders of the directors of the dis- 
trict. But the orders on such tax fiinds must be for the pay- 
ment of debts legally contracted, and no others. Hence, a board 
of directors cannot use any portion of such special district taxes 
to pay a teacher who taught without having the necessary certifi- 
cate of qualifications. Directors are empowered to levy taxes for 
the sole purpose of supporting or extending the terms of such 
schools, and such only, as the law contemplates. But the law 
does not contemplate or in any manner recognize, schools taught 
by teachers who have no certificates, and no public or special tax 
funds can, therefore, be used to pay any of the expenses of schools 
so taught. Any other interpretation of the statute would be 
absurd, because if the directors may ignore the provision in re- 
spect to certificates, they may ignore every other provision of the 
act, and levy taxes to pay the teachers of writing schools, or sing- 
ing schools, or any other description of schools, however unlike 
they may be to the public schools provided for in the statute. 



OFFICIAL AND JUDICIAL DECISIONS. 235 



V. TEACHERS. 

1. Schedules. — No teacher of a public school is entitled to any 
part of the public school fund unless he keeps a schedule of schol- 
ars, over six and under twenty-one years of age, attending his 
school. Schedules must be kept in the form prescribed by law. 
When pupils attend from diiFerent townships or districts, separate 
schedules must be made for each township and district. Teachers 
must deliver their schedules to the directors as soon as completed, 
and, for their security, they are entitled to receive receipts for the 
same from the director, or directors, to whom said schedule or 
schedules are delivered. TeaclievB are not required to deliver their 
schedules to the township treasurer — that duty is imposed upon 
the directors. The method of proceeding in the case of separate 
schedules Is clearly pointed out in the act. Teachers cannot be 
too careful to comply strictly with all the requirements of the law 
in respect to the manner of keeping, and the prompt delivery of, 
their schedules. (§§ 35, 53 and 54.) 

2. Permits of Transfer. — Section thirty-five of the amended 
act, requires written permits of transfer of scholars from one dis- 
trict to another to be filed with the township treasurer. As the 
rule requiring such permits is mandatory, teachers should be very 
careful to satisfy themselves that pupils from other districts have 
been regularly transferred before admitting them. This is the 
more essential now, since such permits are made the only evidence 
upon which township treasurers are authorized to pay separate 
schecjules. 

3. Cliildren under Six Years of Age. — The act as amended 
fixes the minimum limit of eligibility to the public schools at six 
years. No pupil under that age should be admitted into the pub- 
lic schools. It is the province and duty of teachers to see that 
this requirement is complied with, and, if necessary, to report to 
the directors for their information, and action, cases of persistent 
violation or infringement of this requirement of the law. {§ 48.) 



236 OrFICIAL AND JUDICIAL DECISIONS. 

4. Suits Against Directors. — Teachers will bear in mind that 
their contracts with boards of directors are, by law, credit con- 
tracts — that their schedules are due and payable semi-annually, 
viz: in April and October. If, therefore, it becomes necessary 
for them to bring suit against the directors for their wages, and 
judgment is obtained, the directors cannot be compelled to pay 
until after the April and October apportionments. Nor can direct- 
ors, in such cases, be sued as individuals, but only as a corporation. 
The private property of directors cannot be taken in satisfaction 
of any judgment obtained against them in their official character 
as directors. (§§ 48 and 49.) 

5. Effect of Revocation of Certificates. — Teachers whose cer- 
tificates have been revoked by the county superintendent, cannot 
receive public money on schedules of schools taught by them sub- 
sequent to the date of said revocation, or while they remain with- 
out a legal certificate. 

6. Dismissal. — Teachers are liable to dismissal by the directors. 
Any teacher feeling aggrieved by the action of the directors in 
such case, may sue them on his contract, and thus compel them to 
show cause for the dismissal, and to sustain the alleged grounds of 
their action by adequate proof. 

7. Suspension or Uxjmlsion of Pupils. — Directors are author- 
ized to suspend or expel pupils for disobedient, refractory, or 
incorrigibly bad conduct. This authority they may delegate to 
the teacher, to be exercised under such circumstances and for 
such offenses as they may prescribe. The directors may also 
empower the teacher to inflict the penalty of immediate, though 
temporary, suspension, in cases of sudden and violent acts of in- 
subordination or rebellion. But the teacher must consider that 
the legal authority to inflict these extreme penalties emanates 
from the directors, and does not vest primarily in him, and that it 
is thereftare his duty to conform his action to the instructions 
received from the directors, or to the discretion conferred by them. 
In all cases of temporary suspension, the facts must be reported to 
the directors as soon as practicable, for their information and action. 
In extreme cases of sudden and violent insubordination, or vicious 
and refractory conduct, where the temporary removal of a pupil 
from the school-room is Necessary — or when a pupil who has been 
expelled by the directors, persistently refuses to leave the school 

• — or when a scholar maliciously places himself in the chair of the 



OFFICIAL AND JUDICIAL DECISIONS. 237 

instructor, or in the seat of another scholar, and refuses to leave 
it on the request of the master — in such cases, and others of like 
character, the teacher may compel obedience by force^ and call to 
his aid such assistance as may be necessary to effect that object. 
{Stevens v. Fassett, 27 3Iaine, 266. See, also, Decisions relating to 
JDireetors.^ 

8. Mules and Regulations. — The right to make rules and regu- 
lations for the management and govei'nment of schools is vested 
by law in the board of directors. The design in giving tbem thia 
power is mainly to throw around the teacher the protection of law 
in administering the government and necessary discipline of the 
school. It is not supposed that rules and regulations will, as a 
general thing, be actually drawn up by the directors personally, 
and submitted to the teacher for his government ; the contrary 
course is the natural one, and the one which in most cases is 
practically pursued. An experienced teacher is necessarily better 
qualified to do this than a board of directors, who may have no 
practical acquaintance with the requirements necessary for the 
successful conduct of a school. The proper course, therefore, is 
for the teacher to draw up such regulations as he may deem 
expedient, and submit the same to the directors for their official 
sanction. The rules thus adopted and endorsed by the directors 
are in fact their rules, and may therefore be carried out and en- 
forced under the express provisions and sanction of law. 

9. Should 3Iake Written Contracts. — Teachers should be careful 
in all cases to make written contracts with boards of directors 
before commencing their schools. Considerations of ordinary 
business prudence should prompt them to do this. Neglect of 
this precaution has led to much mutual misunderstanding and 
annoyance, and often resulted in the loss of a part, or even the 
whole, of the wages due. It is in all respects better for both 
parties that such contracts should be made, of which each party 
should retain a copy. All the points about which differences 
would be likely to arise, such as the amount of salary, length ot 
time, number of teaching days to the month, etc., should be 
plainly set forth in such agreements. Let it be understood that 
a moral obligation to pay a teacher cannot be enforced by law. 
(^Bull V. Harris, 31 III., 489.) The language of the contract 
must express the exact intention of the parties; for while the 
rule of the law is to give effect to the intention, yet if the language 



238 OFFICIAL AND JUDICIAL DECISIONS. 

is unequivocal it will govern, although it fail to express the real 
intention of the parties. {Benjamin v..McConneU, 4 Cfilm., 536. 
Smith V. Brown^ 5 Grilm., 309.) 

10. JVot School Officers. — Teachers are not school officers, and 
are not therefore entitled to the immunities mentioned in section 
seventy-two. Township trustees and school directors are exempted 
from certain burdens imposed upon other citizens, as a recognition 
of and partial recompense for the important services rendered bj 
them without pecuniary compensation; but these considerations 
do not apply to the teacher, who contracts for and receives the 
best remuneration he can for his services and labor. 

11. Certificates. — By section fifty-two, no teacher can be em- 
ployed to teach any school under the control of any board of 
directors of any school district, who does not, before his employ- 
ment, or commencing his school, exhibit to said board, or to a 
committee of said board, a certificate of qualification from the 
county superintendent of the proper county ; nor is a teacher en- 
titled to any portion of any public school fund, who does not, 
before his employment exhibit his certificate as aforesaid. No 
provision of the school law is more imperative than this, nor has 
any other provision of the act been more literally and rigidly con- 
strued by the circuit and supreme courts of the state. It has been 
repeatedly decided by the judicial tribunals that neither the 
stipulations of a contract nor the keeping of schedules in scrupu- 
lous conformity with the act, nor the most exact compliance with 
every other provision of the law, can compensate or atone for the 
failure on the part of the teacher not merely to have, but to present 
to the board of directors, or a committee thereof, before employment, 
a legal certificate of qualification. Default here is absolutely fatal 
to the legal claims of the teacher to payment from the public 
school fund. The teacher may, in such case, be paid by private 
subscription or otherwise, but not from the public funds. The 
point to be particularly noticed is, that the teacher is peremptorily 
required to present his certificate, whether asked or required by 
the directors to do so or not ; this is a condition precedent to the 
validity of any claim upon the school fund. The directors are 
not bound to examine and certify, or in any way to recognize the 
schedule of a teacher who fails to comply with this imperative 
requisition. Teachers should also renew promptly their certifi- 
cates upon their expiration, even when such expiration occurs 



OFFICIAL AND JUDICIAL DECISIONS. 239 

during a school term. No teacher can be required to procure 
more than one certificate in order to teach the same school. In 
case a district lies partly in two counties the teacher must obtain 
a certificate from the superintendent of the county in which the 
school-house is situated. He cannot be required to have certifi- 
cates from both superintendents. {Casey v. Baldridge, 15 III., 65. 
Smith V. Curry, 16 III, 147.) 

12. Amenable to Directors. — By section forty-eight teachers 
are made answerable to the directors only, for their conduct while 
in the employ of the board. They must faithfully carry out the 
wishes and instructions of the directors in all matters pertaining 
to the management and discipline of the school, text books used, 
branches taught, and "whatever relates to the general policy of the 
school ; and for so doing they cannot be called to an account by 
the inhabitants of the district, but are amenable only to the board. 

13. Protected by Contracts. — The contracts of teachers with 
directors are not invalidated, where a school is temporarily sus- 
pended by orders of the directors, or compulsorily by the burning 
of the school-house or other casualty for which suspension the 
teacher is in no way responsible. Thus, if a teacher contracts for a 
six months' school, and a portion of the time is lost by reason of 
suspension, by act of the directors, on account of the prevalence 
of a contagious disease, or by the accidental destruction of the 
school-house, etc., the teacher is entitled to pay for the whole time 
according to the terms of his contract ; provided, that he holds 
himself in readiness during the period of such suspension to re- 
sume his duties as teacher and fulfill his part of the contract. So, 
also, when scholars fail to attend on account of inclemency of 
weather, or when the school is suspended for lack of fuel, or while 
repairs are being made, etc., the teacher cannot be required to 
lose the time. Parties to a contract are bound by the terms of 
their agreement, unless fraud is shown. (24 III., 587.) 

14. School Month and Day. — The lunar month, of four weeks, 
is to be considered the true common school month in this state. 
At least twenty days shall be taught for a month ; sixty days for 
three months ; and one hundred and twenty days for six months. 
Directors may contract with teachers on the calendar instead of 
the lunar month principle, and such contracts, previously made, 
shall be valid and binding upon both parties : but less than twenty 
teaching days shall not be considered a lawful school month. In 



240 OFFICIAL AND JUDICIAL DECISIONS. 

the absence of any special agreement or contract between direct- 
ors and teacher, as above, the lunar month of twenty teaching 
days, of six hours each, shall be adopted as the true basis of set- 
tlement, and shall be accepted, held, and construed by directors, 
trustees, treasurers, and others, as satisfying the demands of the law. 
The foregoing ruling will govern in the absence of different stipula- 
tions between the teacher and directors. This is in accordance with 
the general custom in nearly all other free school states, and in this 
state from its earliest history. Though not established by statute, 
yet the lunar month, in schools and school engagements, has been 
generally allowed by the courts, in the absence of express calendar 
month contracts, on the ground of the common and almost imme- 
morial usage and custom of the country in school matters. 

15. Entitled to Interest. — By section fifty-four, the salaries of 
teachers are made payable on the first Mondays of .April and Oc- 
tober, and on all balances due and unpaid on those days respectively, 
teachers are expressly entitled to interest at the rate of ten per 
cent, per annum, from due and until paid. But if there is an un- 
paid balance on the first Monday of any April or October, the 
teacher cannot demand interest on said balance for the full period 
of six months, if payment is tendered sooner. If a tender is made 
and refused, further interest is barred. Balances, with accrued 
interest, may be paid at any time by the treasurer, when he has 
funds for the purpose. 

16. Substitutes. — Directors, only, have power to employ teach- 
ers of public schools. Hence, if a teacher is taken sick, or ob- 
tains leave of absence, he cannot employ a substitute — it must be 
done by the board of directors. And the teacher so employed, for 
however short a time, must have and exhibit a certificate of quali- 
fication, make a schedule, and comply with all other requirements 
of the law, or the public funds cannot be used in payment of the 
temporary services so rendered. One teacher cannot receive wages 
on the certificate of another, or in the name of another teacher. 

17. Holidays. — It is customary and commendable to dismiss 
public schools during the holidays. The usual holidays are the 
Fourth of July ; from Christmas to New Year's day, both inclu- 
sive ; and all thanksgiving and fast days appointed by national or 
state authorities. Directors may rightfully authorize their schools 
to be dismissed on the above-named holidays, and, when so dis- 
missed, the teacher cannot be required to lose the time. 



OFFICIAL AND JUDICIAL DECISIONS. 241 

18. Subscription Papers. — Where several persons sign a sub- 
scription paper, payable to a teacher, whereby each one agrees to 
pay the sum set opposite to his name, as tuition for the instruction 
of his chiklren, and the school is taught by the teacher, according 
to the terms of the agreement, an action may be maintained by 
the teacher against any subscriber who neglects or refuses to pay 
his subscription. This applies not only to what are known as "sub- 
scription schools," but also to subscribers where a teacher is au- 
thorized by the directors to receive, as additional compensation, 
such tuition fees from non-resident pupils attending the school, as 
may be agreed upon between the teacher and the parents of such 
non-resident pupils. Such arrangements are not recommended^ in 
connection with the public free schools, but if made, payment may 
be enforced by the teacher against each subscriber. The directors, 
however, have no responsibility in such cases — the transaction is 
wholly between the teacher and his subscribers. If the latter do 
not pay, the teacher must look to them and not to the directors. 
(^Robertson v. March, 3 Scam., 198.) 

19. Assistant Teachers. — It is held that all assistant teachers, 
as well as principals, in the public schools, must have certificates 
of qualification from the county superintendent — that there is no 
exception to the emphatic requirements of the law (§ 52) in respect 
to certificates — and that the case is not changed by the fact that 
an assistant teacher does not have to keep a separate schedule. 

This opinion is grounded upon the plain object of the legisla- 
ture in requiring teachers to possess certificates ; which can be 
none other than to secure the employment of teachers of approved 
character and ability — a consideration of quite as much moment 
in the case of assistant teachers, as any other. It is true that the 
statute also forbids the payment of the school fund to any teacher 
who does not furnish a schedule, etc. But this requirement is 
virtually complied with where a general schedule of the whole 
school is kept by the principal — since the records and date of the 
pupils taught by the assistant teacher are all included in the gen- 
eral schedule. The assistant teacher does, virtually, keep a sched- 
ule, by the principal, and it is a legal maxim, " qui facit per aliumy. 
facit per se." 

The object, moreover, of the schedule is simply to preserve cer- 
tain statistics, particularly those upon which the public funds are 

apportioned, (§ 34,) and, so that this is done, it is not very mate- 
16 



242 OFFICIAL AND JUDICIAL DECISIONS. 

rial whether a record, or schedule, is kept by each assistant teacher, 
or by the principal teacher, for the whole school. The certificate, 
on the other hand, is the only legal and public evidence of the 
person's fitness to teach, and is therefore of vital and unchangea- 
ble importance. A principal can, and may, keep a schedule 
for an assistant teacher, but he cannot furnish that assistant 
with capacity and ability to teach. The obligation of assistant 
teachers to possess certificates is not, therefore, lessened in the 
least by the circumstance of their not having to keep separate 
schedules, in certain cases. It may be further said that to pay 
(through the principal) school money to teachers having no cer- 
tificates, would be doing indirectly what the law expressly forbids 
to be done directly, which is contrary to a well settled legal prin- 
cipal, if not to sound morals. 

The conclusion, therefore, is, that in a school where there are 
assistant teachers, the principal teacher may, if deemed best, keep 
the schedule for the whole school, and the whole amount due all 
the teachers may be paid to him, he paying his assistants what is 
due them, respectively ; but that all assistant teachers must be 
possessed of certificates of qualification. 

20. When a District is Abolished Pending a Contract. — The 
rio-hts of teachers must be respected. If directors contract with 
a teacher for six months at a fixed rate of compensation, and the 
district is abolished by the trustees before the expiration of the 
time, the district or districts to which the territory of the extin- 
guished district is attached, are liable for the wages of the teacher 
for the unexpired portion of his contract time. They may sus- 
pend the school, or allow it to go on, at their option ; but the 
teacher can demand payment in full. He is ready and willing to 
fulfill his contract, and cannot be deprived of his dues by the act 
of others. The contract is an entirety and must be fulfilled as 
such. The balance due him is a just debt owed by the old district, 
and must be assumed and discharged by the districts receiving the 
territory and property. The board which employed him having 
ceased to exist, by the act of others, its obligations must be met 
and discharged by its successors ; and where a district is abolished 
its board of directors are legally succeeded by the board of the dis- 
trict of which it then becomes a part. If a contractor — a teacher — 
does not find in ofiice the same men with whom he contracted, he 
can at least find their successors, and his remedy is against them. 



OFFICIAL AND JUDICIAL DECISIONS. 243 

21. Assignment of Schedules. — It is held tluitteadhers' sched- 
ules, as such, are not negotiable or assignable. If a teacher de- 
sires to give a creditor the benefit of what is due on his schedule, 
he should obtain from the directors an order on the township treas- 
urer for the amount due, and assign said order. The schedule it- 
self should in all cases be filed with the township treasurer, by 
the directors, as re([uired by law. 

22. One Order Sufficient. When a schedule has been exam- 
ined and approved by a board of directors, and an order drawn by 
them on the township treasurer in favor of the teacher, for the 
amount certified in the schedule to be due, said order is sufficient 
until the whole amount thereof is paid. If there is not money 
enough in the hands of the treasurer to pay the order in full when 
presented, the balance must be paid on the same order, whenever 
funds are received applicable to the purpose ; no additional order 
of the directors is necessary. 

23. Expiration of Certificate During School Term. — As else- 
vrhere stated in this volume, teachers' certificates should, in all cases, 
be promptly renewed upon expiration of the period tor which they 
were granted. This is the safe and proper course, as it eflfectually 
prevents any difficulty that might arise on account of differences 
of opinion in respect to the matter. But inasmuch as teachers 
sometimes fail to renew their certificates at expiration, it is im- 
portant to consider the legal effect of such failure upon the teach- 
er's claim to wages. I have always been of the opinion that if a 
teacher had, and exhibited, to the boarti of directors, before his 
employment, a legal certificate of qualifications, it remains good 
for the whole term of his employment, even if the period for which 
it was issued expires before the close of his school. By the pos- 
session and exhibition of the certificate before employment, he 
strictly complies with all the conditions prescribed in the fifty-sec- 
ond section of the act, and no more can legally be required of him, 
so far as that contract is concerned. It might, it is true, be under- 
stood beforehand between the parties, that if the certificate ex- 
pired during term time, it should be immediately renewed ; but 
in the absence of such special stipulation, it has always seemed 
clear to me that strict compliance with what the law (§ 52) 
makes a condition precedent, is suflScient to enable the teacher to 
collect his pay for the whole term. By so doing the teacher has 
performed his part, and if a renewal is desired prior to the close 



244 OFFICIAL AND JUDICIAL DECISIONS. 

of the school, this duty of seeing that It is obtained devolves upon 
the directors, and unless they so require, the teacher is entitled to 
his wages for the whole time. 

It is evident, however, that some limit should be fixed to the 
operation of this principle, otherwise it would be liable to gross 
perversion and abuse. For example, it would be absurd to sup- 
pose that because a teacher had a valid certificate at the date of 
his employment, it would continue good for a term of years^ not- 
withstanding it may have regularly expired shortly after his em- 
ployment. It is plain that this point involves the question: For 
what length of time can a board of directors properly employ a 
teacher under the common school laws of this state? The question 
is not expressly answered in the act, but taking its various provis- 
ions into the account, it seems safe and warrantable to assume that 
no teacher can be employed at any one time, for a longer period 
than one year. There are many reasons for this opinion of the 
law in the case, but they need not be here stated. 

The opinion of this department is, therefore, that if a teacher 
is employed by a board of directors, for a period not exceeding 
one year, and if said teacher has and exhibits to said board of 
directors, or to a committee thereof, a legal certificate of qualifi- 
cation, said teacher will be entitled to, and can by law collect, his 
wages for the whole period of his said employment, notwithstand- 
ing the fact that his certificate may have expired by limitation 
before the close of said period — unless it was especially stipulated 
beforehand that the teacher should renew his certificate at its ex- 
piration, or unless the directors at the time of such expiration 
should expressly require and demand that the certificate be re- 
newed. I am not aware that these points have ever been judicially 
determined, and as they are of much practical importance the 
foregoing decision will be the rule of action in all the cases to 
which it applies, until a diflferent ruling is given by the courts. 

24. Cannot he ^Employed by Two Boards at the same Time. — 
When a teacher is employed by a board of directors to teach their 
district school, they have a right to his services for the whole 
teaching time of every school day, and to the undivided control 
of such services. Hence, a teacher cannot legally be in the em- 
ploy of two different boards of directors at the same time ; much 
less can he at the same time act as principal of a seminary or other 
private school, and as teacher of a public district school. 



OFFICIAL AND JUDICIAL DECISIONS. 246 

25. Cannot Resign at Will. — If a teacher covenants with a 
board of directors to teach their school for a certain specified time, 
for a certain stij)ulated sum, both parties are bound by the agree- 
ment in its fullest extent and meaning, and neither can be released 
without the consent of the other. It is what is termed in law an 
ejitire contract. The directors cannot discharge the teacher till 
the expiration of his engagement, except for the causes mentioned 
in the statute, (§ 48 ;) or, if they do, they are liable for his wages 
for the whole time ; nor can the teacher resign, or voluntarily leave 
the service of the directors against their wish, till the end of the 
time for which he agreed to teach. They are not bound to accept 
his resignation unless the privilege of resigning at will was granted 
at the time of his employment ; and if he leaves the school against 
their consent, he cannot recover even for the time he has taught. 
Courts will not, and ought not, to construe covenants and agree- 
ments independent, where one party may refuse to perform, and 
still enforce performance by the other. Parties to a written con- 
tract are bound by the terms of their agreement, unless fraud is 
shown ; and a parol agreement is as binding as a written contract. 
If there is a contract it is not material whether it is written or 
verbal, so far as the legal obligations of the parties are concerned. 
An entire contract cannot be affirmed in part and rescinded as to 
the residue. If a party agrees to labor for a year, for a certain 
sum, he must labor for that time to be entitled to any compensa- 
tion. He is not bound to labor longer than he pleases, but if he 
abandons the contract voluntarily, without any sufficient cause, or 
for any cause he himself has provoked, he cannot recover for the 
time he has labored. [Swanzey v. 3Ioore, 22 III 63.) Directors 
may therefore refuse to accept a teacher's resignation, at their dis- 
cretion, if tendered prior to tiie expiration of his term of service ; 
just as a teacher may refuse to resign, or to abandon his contract 
before its conclusion, though recpiested or even required so to do by 
the directors — the obligations and liabilities are mutual. This is 
the law of the case, and it is also reasonable and just. It binds 
the teacher for the full term of his engagement, unless the direct- 
ors voluntarily release him. They might otherwise be left with- 
out a teacher when it would be impossible to supply his place. 
On the other hand, it renders the teacher safe from the danger of 
removal by any sudden caprice of the directors; it holds them also 
to their agreement, and obliges them to pay him for the full term 



246 OFFICIAL AND JUDICIAL DECISIONS. 

of bis engagement, unless he voluntarily releases them. For a 
full discussion of the principles upon which this decision is based, 
see also, Eldridge v. Roive^ 2 Crilm. 91 ; Bagley v. Heald^ 4 Gilm, 
64 ; Hansell v. Urickson, 28 III. 257 ; Schoonover v. Christy, 20 
III. 426 ; Meeum v. Peoria and Oquawka R. M. Co., 21 III. 635 ; 
Dyer v. Martin, 4 Scain. 147. 

26, Making Fires, etc. — It is no part of a teacher's duty to 
make the fires, sweep, prepare the fuel, etc., for his school-bouse, 
unless so stipulated or agreed in his contract with the board of di- 
rectors. A teacher is employed to teach, not to mnke fires, or use 
the broom, axe or saw. These are services which have no connec- 
tion whatever with his personal duties as teacher, and which he 
cannot, therefore, be required to perform under a general contract 
to teach the school. Whatever services and duiies properly attach 
to the office of teacher, in addition to the great work of instruct- 
ing and governing the school ; such as preserving the house and 
its furniture, tbe fences, grounds, trees, shrubbery, etc., from in- 
jury by the pupils, may legally be required of him. But making 
fires, sweeping, sawing wood, etc., do not belong to his category. 
A teacher is under no more legal obligation, as a, teacher, to saw ' 
and split the wood for the school stoves, than he is to bring it from 
the forest to the school-house. Nor is he under any more obliga- 
tion to cause it to be done, or to see that it is done, unless he 
agrees to do so ; and of course he is not liable for any expenses 
attending the performance of such services. All such services 
and the expenses, if any, attending them, must be provided for by 
the directors, unless, as before stated, the teacher voluntarily as- 
sumes the responsibility in his engagement with the directors. In 
common district schools, such duties are, it is true, generally at- 
tended to voluntarily, by the teachers and larger scholars, and it 

is an economical and commendable custom — one which 1 have no 
dis])osition to condemn. But it must be voluntary ; it is not one 
of those customs to which long acquiescence has given the force 
of law. Whatever expense attends such services (and it will 
always be trifling) comes under the head of "'necessary incidental 
expenses," and may be provided for by the directors, without a 
vote, under the forty-third section of the act. ^ee, also, decision 
No. 60, under the head of "■ School Directors." 

27. Corporal Punishment. — The importance of this subject 
will justify a somewhat extended discussion.' I shall first refer to 



OFFICIAL AND JUDICIAL DECISIONS. 247 

the legal decisions and opinions which have been rendered in re- 
gard to it, in the different free school states. These opinions will 
be found to embrace nearly every aspect under which the question 
of corporal punishment in common schools can be viewed. 

A school-master is liable criminally if, in inflicting punishment 
upon his pupil, he goes beyond the limit of reasonable castigation 
and, either in the mode or degree of correction, is guilty of any 
unreasonable or disproportionate violence or force. ( Common- 
wealth V. Randall^ 4 Gray 36 ; 3 G-reenl. on Ev. Sec. 63.) The 
teacher is responsible for maintaining good order and he must be 
the judge of the degree and nature of the punishment required, 
when his authority is set at defiance. At the same time he is 
liable to the party injured for any abuse of a prerogative which is 
wholly derived from custom. (^Com. Sch. Dec. N. Y. 102.) 
Whenever a teacher undertakes to exercise his authority to inflict 
corporal punishment, the cause must be sufficient ; the instrument 
suitable to the purpose ; the manner and extent of the correction; 
the part of the person to which it is a|)plied ; the temper in which 
it is inflicted, — all should be distinguished with the kindness pru- 
dence and propriety which become the station. ( Cooper v. 3Ic- 
Junkin, 4 Ind. 290.) 

A parent is justified in correcting a child either corporally or 
by confinement, and a school- master under whose care and in- 
struction a parent has placed his child, is equally justified in similar 
correction ; but the correction in both cases must be moderate and 
in a proper manner. A school-master stands in loco pare^itis in 
relation to the pu[)ils committed to his charge, while they are under 
his care, so far as to enforce obedience to his commands lawfully 
given in his capacity of school-master, and he may therefore en- 
force them by moderate correction. (Com. Dig. Pleader, 3 31. 19; 
Sawk c. 60, § 23 ; e. 62, § 2 ; c. 29, § 5.) In the language of 
Chief Justice Holt: "A master may justify the beating of his 
scholar if the beating be in the nature of correction only, and with 
a proper instrument." {Precedents of Pleas., 2 R. P. G. P. 47-51 ; 
BastalVs Ent. <d\2> pi. 18; 2 Chit.pl. 553; 9 Wend. 355; Peter- 
dorff Index 296.) The power allowed by law to the parent over 
the person of the child may be delegated to a tutor or instructor 
the better to accomplish the purpose of education. (2 Kent. Com. 
205.) A school-master stands in loco parentis, and may in proper 
cases inflict moderate and reasonable chastisement, {^he State v. 



248 OFFICIAL AND JUDICIAL DECISIONS. 

Pendergrass^ 2 Bev. and Battle, 365.) Althougli a town (or com- 
mon) school is instituted by the statute, the children are to be 
considered as put in charge of the instructor for the same purpose, 
and he to be clothed with the same power as when he is directly 
employed by the parent. The power of the parent to restrain 
and coerce obedience in children cannot be doubted, and it has 
seldom or never been denied. The power delegated to the master 
by the parent, must be accompanied for the time, with the same 
right as incidental, or the object sought must fail of accomplish- 
ment. {/Stevens v. Fassett, 27 Maiiie 280.) The tutor or school- 
master has such a portion of the power of the parent to restrain 
and correct as may be necessary to answer the purposes for which 
he was employed. ( 1 Blackstone, 453.) The power must be 
temperately exercised, however, and no school-master should feel 
himself at liberty to administer chastisement coextensive with the 
parent, however much the infant delinquent might appear to have 
deserved it. (3 Barnioall ^ Alderson, 584.) If a person over 
twenty-one years of age voluntarily attend a town (or any) school, 
and is received as a scholar by the instructor, he has the same 
rights and duties and is under the same restrictions and liabilities 
as if he w^ere under the age of twenty-one years. (27 Maitie, 266.) 
This, it will be understood, is true generally, but there may, of 
course, be a special contract which, when it exists and is legally 
made, may give unusual rights and privileges to either party. 
Where a scholar in school hours places himself (with or without 
permission), in the desk of the instructor, and refuses to leave it 
on the request of the master, such scholar may be lawfully re- 
moved by the master; and for that purpose he may immediately 
use such force, and call to his assistance such aid from any other 
person or persons as may be necessary to accomplish the object; 
and the case is the same if the person removed is over twenty-one 
years of age, or not a scholar, but a person having no right in the 
school. The school-house is in the charge and under the control 
of the authorized teacher so far as is necessary for the performance 
of his duties as teacher. The law clothes every person with the 
power to use force sufficient to remove one who is an intruder 
upon his possessions, and the school-house is, for certain purposes, 
the teacher's close, his kingdom, or his castle. The teacher has 
responsible duties to perform, and he is entitled in law and in 
reason to employ the means necessary therefor. It is his business 



OFFICIAL AND JUDICIAL DECISIONS. 249 

to exact obedience in the school-room, and it is his legal right. 
(^Stevens v. Fassett, 27 Maine, 266.) 

The supreme court of Vermont in a recent and very able opin- 
ion on this subject say: A schoolmaster has the right to inflict 
reasonable corporal punishment. He must exercise reasonable 
judgment and discretion in determining when to punish and to 
what extent. In determining upon what is a reasonable punish- 
ment various considerations must be regarded — the nature of the 
offence, the apparent motive and dispo.sition of the offender, the 
influence of his example and conduct upon others, and the sex, 
age, size, and strength of the pupil to be punished. Among rea- 
sonable persons much difference prevails as to the circum.-^tances 
which will justify the infliction of punishment, and the extent to 
which it may properly be administered. On account of this dif- 
ference of opinion, and the diflficulty which exists in determining 
what is a reasonable punishment, and the advantage which the 
master has, by being on the spot, to know all the circumstances, 
the manner, look, tone, gestures, of the offender, (which are not 
always easily described) and thus to form a correct oj)inion as to 
the necessity and extent of the punishment, considerable allow- 
ance should be made to the teacher by way of protecting him in 
the exercise of his discretion. Especially should he have this in- 
dulgence when he appears to have acted from good motives, and 
not from anger or malice. Hence the teacher is not to be held 
liable on the ground of excess of punishment unless the punish- 
ment is clearly excessive, and would be held so in the general 
judgment of reasonable men. If the punishment be thus clearly 
excessive, then the master should be held liable for such excess, 
though he acted from good motives in inflicting the punishment, 
and in his own judgment considered it necessary and not excessive. 
But if there is any reasonable doubt whether the punishment was 
excessive, the master should have the benefit of that doubt. {Lan- 
der V. Beaver, 32 Vermont 123 ; 19 lb. 108 ; 4 Gray 37 ; 2 Dever 
^ Bat., 365 ; 3 Salk. 47 ; Beeves' Domestic Bel. 374, 375 ; Whar- 
ton's Amer. Crim. Law, 1259 ; 1 Satmders on PL ^ Ev. 144.) 

Says another able jurist: It is not easy to state with precision 
the power which the law grants to school-masters and teachers 
with respect to the correction of their pupils. It is analogous to 
that which belongs to parents, and the authority of the teacher is 
regarded as a delegation of parental authority. One of the most 



250 OFFICIAL AND JUDICIAL DECISIONS. 

sacred duties of parents is to train up and qualify their children 
for becomino; useful and virtuous members of society ; this duty 
cannot be eifectually performed without the ability to command 
obedience, to control stubbornness, to quicken diligence, and to 
reform bad habits ; and to enable him to exercise this salutary 
sway he is armed with the power to administer moderate correc- 
tion when he shall believe it to be just and necessary. The teacher 
is the substitute of the parent ; is charged in part with the per- 
formance of his duties, and in the exercise of these delegated du- 
ties is invested with his power. The law has not undertaken to 
prescribe stated punishments for particular offences, but has con- 
tented itself with the general grant of the power of moderate 
correction, and has confided the graduation of punishments, within 
the limits of this grant, to the discretion of the teacher. The line 
which separates moderate correction from immoderate punishment 
can only be ascertained by reference to general principles. The 
welfare of the child is the main purpose for which punishment is 
permitted to be inflicted. Any punishment therefore which may 
seriously endanger life, limbs, or health, or shall dis^figure the 
child, or cause any other permanent injury may be pronounced in 
itself immoderate, as not only being unnecessary for, but inconsist- 
ent with, the purpose for which correction is authorized. But any 
correction however severe which produces temporary pain only, 
and no permanent ill, cannot be so pronounced, since it may have 
been necessary for the reformation of the child, and does not inju- 
riously affect its. future welfare. We hold, therefore, that it may 
be laid down as a general rule, that teachers exceed the limits of 
their authority when they cause lasting mischief, but act within 
the limits of it when they inflict temporary pain. When the cor- 
rection administered is not in itself immoderate and therefore be- 
yond the authority of the teacher, its legality or illegality must 
depend entirely, we think, on the quo animo with which it was 
administered. Within the sphere of his authority the master is 
the judge Avhen correction is required, and of the degree of cor- 
rection necessary ; and like all others intrusted with a discretion 
he cannot be made penally responsible for error of judgment, but 
only for wickedness of purpose. The best and the wisest of mortals 
are weak and erring creatures, and in the exercise of functions in 
which their judgment is to be the guide, cannot be rightfully re- 
quired to engage for more than honesty of purpose and diligence 



OFFICIAL AND JUDICIAL DECISIONS. 251 

of exertion. His judgment must be presumed correct, because be 
is tbe judjje, and also because of tbe difficulty of proving tbe 
offence, or accumulation of offences, tbat call for correction ; of 
sbowing the peculiar temperament, disposition and habits of the 
indivi<lual corrected; and of exhibitinor the various milder means 
that may have been ineffectually used before correction was re- 
sorted to. But the master may be punished when he does not 
transcend the powers granted, if he grossly abuses them. If he 
use his authority as a cover for malice, and under pretence of ad- 
ministering correction gratify his own bad passions, the mask of 
the judge shall be taken off, and he shall stand amenable to justice 
as an individual not invested with judicial power. We think that 
rules less liberal toward teachers cannot be laid down without 
breaking in upon the authority necessary for preserving discipline 
and commanding respect, and that although these rules leave it in 
their power to commit acts of indiscreet severity with legal im- 
punity, these indiscretions will probably find their check and cor- 
rection in parental affection and in public opinion ; and if they 
should not, that they must be tolerated as a part of those imper- 
fections and inconveniences which no human laws can wholly re- 
move or redress. {The State v. Pendergrass^ 2 Dever cj- Bat. 365.) 

It is undoubtedly true that, in order to support an indictment 
for assault and battery, it is necessary to show that it was com- 
mitted ex i7itentio7ie, and that if the criminal intent is wanting, the 
offense is not made out. But this intent is always inferred from 
the unlawful act. The unreasonable and excessive use of force 
on the person of another being proved, the wrongful intent is a 
necessary and legitimate conclusion in all cases where the act was 
designedly committed. It then becomes an assault and bat- 
tery because purposely inflicted without justification or excuse. 
Whether, under all the facts, the punishment of the pupil is ex- 
cessive, must be left to the jury to decide. {Commonwealth v. 
Randall., 4 Gray., 38.) [Made up from '•''The Lawyer in the Sdiool- 
Buom,'' pp. 70-82.] 

It will be seen that the highest judicial tribunals of the several 
states in which the question has been adjudicated, including those 
the most renowned for learning and sability, are a unit in respect 
to the propriety and necessity of clothing school-teachers with 
authority to inflict corporal punishment in certain cases, and of 
protecting them in the prudent and reasonable exercise of that 



252 OFFICIAL AND JUDICIAL DECISIONS. 

authority. The subject is so fully discussed in the judicial opin- 
ions which have been cited, and the grounds upon which authority 
to punish corporally is based, together with the checks and bounds 
and conditions to be observed, are so clearly stated and applied, 
that but little more need be said. The proposition laid down by 
one of the courts, that " the welfare of the child is the main pur- 
pose for which punishment is permitted to be inflicted," is, per- 
haps, the least satisfactory of all the opinions cited. The good of 
the child is, indeed, one of the purposes for which punishment is 
allowed to be inflicted, but the main purpose can hardly be 
regarded as anything less than the welfare of the school itself, as 
a whole, of which each particular child is but a part. 

If the highest courts of the whole country have uttered but 
one sentiment in regard to the necessity of arming the teacher 
with every power essential to the duties and exigencies of his po- 
sition, including that of corporal punishment, the deductions of 
reason and the lessons of experience are no less emphatic in their 
affirmance of the same principles. It is not believed that the 
doctrine of " moral suasion only," as held and taught by those 
who would banish all coercive measures from the penal code of 
the school-room, is supported either by general experience or 
sound philosophy; and it is certain that it finds no countenance 
in the teachings of inspiration. Heavier metal was required to 
subdue the rebellion against the government, and there are rebel- 
lions in the school-room, now and then, which as plainly suggest 
the suasion of force. The spirit that sometimes defies the au- 
thority of the teacher and spurns the salutary restraints of the 
school-room, is the same in kind that trained its artillery upon the 
ensign of the republic and defied the national authority. If we 
would have no more rebellions of states, there is no better place 
to begin to apply the corrective than in the family and the 
school-room ; and the same law of right, which, in the last resort, 
puts in motion the fleets and armies of the nation against armed 
insurgents, justifies the quelling of youthful insurrection and re- 
bellion, if need be, by the strong hand. It is better and cheaper 
to nip the spirit of insubordination in the bud, in the fainily and 
school-room, even though the agency of the rod must occasionally 
be invoked to accomplish it, than to wait till it scowls defiance 
from the battle-field; it is wiser to punit^h, if we must, while 
there is hope, and eradicate the gems of lawless hcense from the 



OFFICIAL AND JUDICIAL DECISIONS. 253 

yielfUng heart of childhood, than to cut the demon from the iron 
will of manhood by the bloody surgery of war. It may be said 
that this is a purely fanciful analogy — that there is no such rela- 
tion between the child and the man, the school-room and the 
republic. I think differently; and I would echo and re-echo the 
warning of that apostle of liberty, humanity and culture, who so 
recently died with his armor on : " Take care of the child whose 
voice first lisps to-day, before that voice shall whisper sedition in 
secret or thunder treason at the head of an armed band. Kemera- 
ber the child whose hand to-day first lifts its tiny bauble, before 
that hand shall scatter fire-brands, arrows and death. Eemember 
those sportive groups of youth, in whose bosoms there sleeps an 
ocean as yet scarcely ruffled by the passions which soon shall 
heave it as with the tempest's strength." 

The prevalence of the sentiment which would sweep every form 
of corporal punishment from the school-rooms of the country, and 
even render its infliction, under any circumstances, an unlawful 
act, by positive prohibitory legislation, must be regarded with 
grave apprehension by all who rightly understand the true office 
and purpose of punishment in the family and in the school, and 
its momentous relations to the welfare of the state. The great 
end of a system of popular education is to fit the millions of the 
nation's children for the high duties and privileges of a republican 
citizenship; and this is done not so much by the knowledge gained 
as by the discipline of the school-room. It is a grand thing to 
endow the youth of the country with the elements of knowledge, 
and to arm them with the power conferred by even a rudimentary 
education; but it is a grander thing: to clothe them with the sar- 
ments of gentleness and docility, and give them back to the state 
with habits of obedience and truth, a sense of the inviolability of 
law, and a sincere reverence for whatever is venerable, just and good. 
This is the supreme work of the schools of the state; the highest 
conception of their usefulness and value. And to what unspeaka- 
ble importance is this thought exalted when it is remembered that 
one-fourth of the whole population of the country are, or should 
be, in the public schools. When it is considered that strict sub- 
ordination and obedience is a prime and absolute necessity to the 
success of every school, and that every teacher must, of equal 
necessity, be invested with a very large discretion in the choice 
and use of means to ends, what folly to say that all other agencies 



254 OFFICIAL AND JUDICIAL DECISIONS. 

may be resorted to, except those which would lead to obedience 
through the ordeal of physical pain, and to denounce these as 
always and Intrinsically savage and barbarous. Who does not 
know that there are punishments a thousand times more terrible 
than those of the rod, and which could be inflicted with im- 
punity though every vestige of authority to use the rod should be 
denied or repealed by statute ? Has the soul less dignity than the 
body ? Is the heart less tender in the sight of the law and of 
angels and men than the skin ? Are the moral susceptibilities and 
feelings less vulnerable to pain and torture than the flesh and mus- 
cles? What resources of anguish abide in the insensate fibres of 
a wooden rod, compared with those which lurk in the tongue, and 
voice, and eye of a bitter and unloving man or woman ? May not 
the cruel words and tones of irony, sarcasm, or invective, cut and 
bite and sting the shrinking sensitive soul of a child, as well as the 
sharp blows of a rattan? Who would not prefer that, if his child 
must be punished, the blows should fall upon its body, from the 
hand of a firm, but conscientious and gentle-hearted teacher — than 
upon its heart and spirit from the fiery tongue of a moral savage 
or virago ? It need not be said that two wrongs do not make a 
right, and that brutal punishments of whatever sort, whether in- 
flicted upon the body or the mind, should be prohibited. Pre- 
cisely so, no morally sane man or woman on earth denies that. 
But why prohibit one class of chastisements in toto, while another 
class, and one undeniably capable of grosser cruelty and abuse, is 
left wholly unrestrained ? — that is the question ; and it brings us 
back to the point from which there is no possible escape either in 
reason or practice — the radical idea upon which turn all the emi- 
nent judicial opinions which halve been cited, and the foundation 
principle upon which alone the maintenance of public schools is 
possible ; namely, the discretion of the teacher in the choice and 
use of primitive or disciplinary forces and instrumentalities. Such 
discretion is inseparable from his position and duties ; his functions 
are nearly all judicial, not ministerial, and to bind his judgment 
by the iron fetters of prohibitory laws, or coerce it by a senseless 
storm of public opprobrium, is to make war upon the essential 
conditions of all rational government, sap the foundations of the 
teacher's power and brand the profession itself as unfit to be trusted 
with the care of youth. The man or the woman whose impetuous 
rashness, or ungovernable temper, or vindictive spirit needs to be 



OFFICIAL AND JUDICIAL DECISIONS. 255 

restrained by the peremptory inhibitions of legisLative enactments, 
is, ipso facto, utterly and monstrously unfit for the school-room, 
and would be no less so though the rod were torn from the grasp, 
and hands and feet were bound in fetters of iron by the sternest 
conceivable statutes. Such a person would find means to torture 
debase and destroy, if so inclined, in spite of the fancied defences 
of the law, and with a refinement of cruelty enhanced by the ne- 
cessity of evading personal liability by the invention of new modes 
of punishment. There are school punishments, not recognized as 
"corporal," which are worse in every respect than the simple in- 
fliction of the rod — punishments which, to equal and even greater 
physical pain, superadd nameless mental tortures and anguish of 
heart ; but which seem to have entirely escaped the observation 
and censure of those who regard the rod, or simple straight-forward 
castigation, as the sum of all school villainies. But how many 
such truculent persons are there in our school-rooms ? Is there 
one in a hundred — is there one in a thousand ? I do not believe 
there is one ^n ten thousand. Our common school teachers are, 
as a body, thoughtful, patient, kind-hearted, self-governed and 
trustworthy, as much so as any other equally numerous body of 
persons engaged in public employments in the world; and I believe 
more so, considering the extreme demands made upon their powers 
of equanimity and forbearance. And it is because this is noto- 
riously true of teachers as a class, that solitary instances of shock- 
ing cruelty among them excite such tempests of popular fury ; if 
these were of frequent occurrence they would be comparatively 
unnoticed. Such flagrant outrages by teachers, though the provo- 
cations are ten-fold greater, are far less frequent than among par- 
ents, and yet we hear of no attempts to restrict family govern- 
ment, by law, to moral suasion only. And whenever a community 
is startled by acts of brutal cruelty or murderous severity in the 
punishment of children, whether in the school-room or the family, 
no protest is more indignant and sincere than that of teachers — 
none are less ready to stay the hand of justice or avert the merited 
retribution. I have yet to know a teacher who does not feel that 
a noble profession is disgraced and shamed, so far as all can be in- 
volved in the act of one, when one who happens to be in it, but is 
not of it, is arraigned at the bar of a criminal court for conduct so 
flagitious ; and who does not desire to efface the stigma by the 
summary expulsion of the miscreant from their ranks. The idea 



256 OFFICIAL AND JUDICIAL DECISIONS. 

which seems to lurk In the public mind, and which blindly clamors 
for recognition and embodiment even In the forms of law — that 
teachers as a class are peculiarly savage and truculent ; predis- 
posed to abuse their powers, and maltreat and torture their pupils, 
and that their evil propensities should therefore be restrained by 
the strong arm of the law — is not only absurd, but calumnious; 
there Is no semblance of sense or truth In It ; its Implied charac- 
terization of teachers Is simply slanderous. The mischievous 
prevalence of this preposterous notion is seen In the avidity with 
which isolated cases of brutal castigation are seized upon as proof 
of the total depravity of school-teachers, and their especial need 
of the wholesome terrors of the law. As If such rare and excep- 
tional horrors proved anything ; as If " one swallow could make a 
summer." A man whips his child to death, which proves that he 
is a fiend and a murderer, and that is all It proves. A teacher 
brutally flogs and maims a scholar, which proves that he is a crim- 
inal and wretch, and that is all It proves. It Is not denied that 
criminals and wretches sometimes profane the teacher's desk, as 
well as the domestic hearth ; but neither teachers nor parents are 
responsible, as a class, for such enormities. More than five mil- 
lions of children are In daily attendance upon the public schools of 
the nation, and yet how few, how very few, are the instances where 
teachers have rendered themselves justly liable for a criminal abuse 
of their authority to Inflict corporal punishment. Search the 
records of the highest courts and see how numerous have been 
the acquittals — how extremely rare the convictions in suits against 
teachers for alleged excess in the use of the rod. The spectacle, 
considering all the circumstances, is without a parallel in the his- 
tory of judicial proceedings, and shows how baseless and pernicious 
is the popular outcry on this subject. It Is no pleasure to a teacher 
to punish a pupil, but a painful duty, from which he shrinks to the 
last moment. Possibly there may be now and then a teacher, (as 
there may be parents,) of a nature so savage and malign as to in- 
flict pain upon a child without regret or emotion. But to attribute 
such ineffable malevolence to teachers as a class, is the wildest cal- 
umny. I do firmly believe that in ninety-nine cases out of every 
hundred, the teacher suffers more than the pupil, and would gladly 
endure all the pain that In sorrow he inflicts. If the erring child 
could thereby be reclaimed. 

Most of the eminent jurists whose opinons were cited in the in- 



OFFICIAL AND JUDICIAL DECISIONS. 257 

troduction to this discussion, refer to the quasi parental relations 
of teachers to their pupils, as a reason for allowing a judicious use 
of the rod in school. If this supposed analogy of relations has 
any basis of truth, and it has, its whole force when used as an ar- 
gument by the court, is derived from the assumed fact that cor- 
poral punishment is rightfully permitted to be inflicted by parents 
upon their children. The argument of the courts is : parents are 
justified in the reasonable and moderate use of the rod, when nec- 
essary to secure obedience ; the teacher stands, for the time being, 
and for certain purposes, in loco parentis ; therefore the teacher is 
warranted in the moderate and reasonable use of the rod when 
necessary to secure the proper discipline in school. But is it true 
that humane, intelligent and conscientious parents ever resort to 
corporal punishment in the discipline of their children ? It is not 
necessary to answer this question. The agency of physical si;fFer- 
ing, the rod, is resorted to, when occasion seems to require, by the 
wisest and most kind-hearted parents on earth, as all the world 
knows — resorted to by them, because they are wise and tender- 
hearted, loving their children too well to omit any reasonable 
means to turn their erring feet from the ways of vice and folly. 
And a comparison of results is not feared. Those families whose 
children are sometimes made acquainted, in loving firmness, with 
the " relic of barbarism," are at least as well and as successfully 
governed, as those who claim to have learned a more excellent 
way — and the sons and daughters of the former are at least as 
likely to become worthy men and women, as those of the latter. 
The harsh epithets so flippantly applied to the regulated use of 
the rod in school, do therefore by logical necessity glance from the 
heads of teachers to those of all parents who approve a like use 
of that means of discipline ; and every assault made upon physical 
chastisement in school, as a remnant of a savage and brutal age, 
is, per force, leveled also against all the families in Christendom 
which adhere to the so-called " antiquated theory of parental gov- 
ernment." This, I am aware, does not prove that corporal punish- 
ment is right, but It comes as near to It as the rash fulminations 
against it do towards proving that it Is wrong. Assertion may as 
well be met with assertion ; corporal punishment is not, in Itself, 
brutal, or a relic of barbarism ; but Is an agency that may, under 
proper circumstances and conditions, be rightfully and beneficially 
employed ; and those who will not resort to it when aU other means 
17 



258 OFFICIAL AND JUDICIAL DECISIONS. 

fail, rather than those who do, should be the objects of apprehension 
to all true philanthropists, Christians and patriots. 

Without doubt the best teachers do, as a general rule, use the 
rod the least; not, however, because they have, as is claimed, a 
nicer sense of the " dignity of the age," or are of a higher type 
of civilization and culture, but simply because they have a more 
perfect personal discipline, and command a wider range of mental 
and moral resources from which to draw in dealing with the way- 
ward and erring ; and because there are some teachers who have, 
by nature, an incommunicable power of governing — a rare and 
indefinable faculty of dealing easily and successfully with youth. 
It may be that if we all were wise enough, some other remedy 
might be found in every case, I cannot say. But it is quite cer- 
tain that, so far as we can judge of cause and effect, cases arise at 
one time or another in the experience of most teachers, when the 
timely and judicious infliction of corporal punishment seems both 
at the time, and ever afterwards, the wisest and best thing that 
could be done. When nations beat their swords into ploughshares, 
and their spears into pruning-hooks, and learn war no more, the 
mission of the rod will be ended — perhaps sooner — but I think 
not. At all events the moral millennium will not be hastened, 
whether for nations or for schools, by passing laws based upon the 
negation of the most palpable facts of humanity. 

The only possible rule is to allow teachers all necessary discre- 
tion in respect to the infliction of corporal punishment, and aU 
other forms of punishment, and then hold them to a just account- 
ability for abusing the authority conferred. This is the essence of 
all the decisions of the courts, and is the only rational view that 
can be taken of the subject. Our school laws are silent upon the 
subject, but the rulings of our courts have harmonized in nearly 
every instance with those of the distinguished jurists of other 
states, and with the spirit of the remarks which have now been 
made. Let our teachers and school officers carefully study the 
opinions cited, and act in their spirit, in the fear of God and with 
love and charity toward all, and they will not go far astray, and 
need have no fears of being molested by the law while in the plain 
path of duty. 



OFFICIAL AND JUDICIAL DECISIONS. 259 



VI. PUPILS. 

1. WJio are Eligible. — Only those persons who are between 
the ages of six and twenty-one years, and bona fide residents of a 
school district, have a legal right to attend free, the schools in said 
district. Such persons cannot be excluded, nor can they be charged 
any tuition fee. Other persons may be admitted conditionally, 
but only those above mentioned can demand free admission as their 
absolute legal right. Children under six are excluded. Children 
of other districts, and persons over twenty-one years of age may 
be admitted, but only upon such terms and conditions as the law, 
and the directors, in the exercise of the discretion vested in them, 
may prescribe. The distinction between those who have a legal 
claim to be admitted free, and all others, must be kept distinctly 
in view. Under no circumstances can ai.y of the latter class be 
received to the exclusion of any of the former ; nor can pupils 
over twenty-one years of age in any case have the benefit of the 
public school fund. Such persons may be admitted when consist- 
ent with the rights of the legal school children of the district, as 
aforesaid, either with or without a tuition fee, at the option of the 
directors. Should directors, without authority of law, first admit 
children under age, and afterwards conclude to exclude them, they 
cannot compel the parents or guardians to pay tuition for the ille- 
gal attendance which they had tolerated. 

2. Residence. — As a general rule, the residence of parents is 
the residence of their children. Boarding children in a district 
does not, of itself, entitle them to the benefits of the free school 
in said district. The mere temporary residence of a family in a 
district, solely to enjoy the benefits of the free schools, and with 
the intention of removal as soon as that purpose is accomplished, 
does not entitle the children to the privileges of said schools. The 
removal of a portion of a family from the legal domicil to another 
district, in order to send to the free schools thereof, does not con- 
fer the right to do so. As a general rule, the residence of their 
parents is the residence of employees ; hence the privilege of the 



260 OFFICIAL AND JUDICIAL DECISIONS. 

free school in another district is not acquired by jjlacing chil- 
dren temporarily at service in that district. This includes 
those who are placed in families to attend school and do chore- 
work for their board, etc. The most liberal policy is, however, 
recommended toward this class of children. The state has as 
much interest in their education as in that of the more favored; 
and, although not legally eligible to attend free, the directors 
should permit them to do so, when not inconsistent with the 
rights of others and the welfare of the school. Children who 
have been apprenticed, or adopted into a new family; or who 
have been placed permanently in the care of others, with no 
intention of withdrawal; or those over whom parents have re- 
linquished all control from whatever cause; or those who have 
no parents or guardians, or whose parents or guardians live 
in another state or country, and exercise no control over their 
children ; or those who have no permanent abode, but go from 
place to place in search of employment, and whose only home 
is where they find work; — the children included in all the 
above classes are to be enumerated in the district where they 
live, and are entitled to all the rights and benefits of the free 
schools in said district. Boards of directors are authorized 
to decide all questions of residence in their respective districts. 
(8 Wend., 140. 23 Pick., 178. Stori/'s Conflict of Laws, ch. 3.) 
3. Exclusion from School in Certain Cases. — When the moral 
depravity of a child becomes so great that his example is dan- 
gerous to the purity of the school, or when his insubordination 
is so bold and incorrigible as to be fatal to the discipline of the 
school, duty to the other scholars demands his removal. He 
has no longer any right to remain, for no rights can attach to the 
individual, the exercise of which is incompatible with the equal 
rights of others. This principle has important applications. 
It justifies and requires the removal of a pupil from school, in 
certain cases, even when no ofifense has been committed. It 
teaches clearly, that punishment for evil-doing is not the only 
ground upon which dismissal from school can be justified; that 
protection from evils which, though serious, imply no wrong in 
the parties concerned, is sometimes an equally valid ground for 
the temporary removal of a pupil from school. Directors may 
and should exclude from school, for the time being, pupils in- 
fected with offensive or contagious diseases. Kot for any fault 



OFFICIAL AND JUDICIAL DECISIONS. 261 

or wrong on their part, but simply because their presence 
under the circumstances is incompatible with the safety and 
comfort of others. Their personal rights in the common school 
are for the time in abeyance — they must be surrendered till 
they can again be exercised without infringing the equal rights 
of others. The right to enjoy the benefit of common schools, 
established for all the inhabitants, is a common, not an exclu- 
sive personal right, and hence, like all other common rights, 
it must be exercised under such limitations and restrictions, 
that it shall not interfere with the equal and coextensive rights 
of others. Children may, therefore, be excluded, not merely 
for punishment, but for the protection of others from such 
noxious example and pestilent influence as would entirely de- 
feat the purposes for which schools are instituted. (8 Cash. 
Uass., R., 164.) 

4. Might of Choice in Studies. — Pupils can study no branch 
which is not in the course prescribed by the directors. Pupils 
can study no branch of such prescribed course for which they 
are not prepared; of which preparation the teachers and di- 
rectors shall judge. Pupils shall study the particular branches 
of the prescribed course which the teachers, with the consent 
of the directors, shall direct, unless honest objection is made 
by the parents. If objection is made in good faith, parents 
shall be allowed to select from the particular branches of the 
prescribed course for which their children are fitted, those 
w^iich they wish them to study; and for the exercise of such 
right of choice the children shall not be liable to suspension 
or expulsion. 

5. Admission to Other Districts — How Obtained. — Before non- 
resident pupils can be received into the school of another 
district, they must obtain the written consent of the directors 
of their own district, and those of the district where they wish 
to attend. These permits should be shown to the teacher for 
his information, and then delivered to the township treasurer, 
as required by section thirty-five ; except in the case of chil- 
dren from unorganized districts, when the consent of the di- 
rectors of the district in which the school is taught must, of 
necessity be sufficient. 

6. Persons over Twenty-one — Discrimination in favor of 
Soldiers. — As stated in a former decision, persons over twenty- 



262 OFFICIAL AND JUDICIAL DECISIONS. 

one years of age, whether residents or non-residents, may be 
admitted into the public schools, at the discretion of the di- 
rectors, and upon such terms as they may prescribe ; provided 
always, that legal school children are not excluded thereb3^ 
Since such persons are not entitled to the benefit of the public 
school fund, their attendance should not be noted in the sched- 
ule upon which such funds are drawn, but a separate register 
should be kept in order that a complete statistical report of 
the school can be made. This modification of former opinions 
upon this point is warranted by recent judicial decisions. In 
the exercise of the discretion vested in them, relative to the 
admission of persons over twenty-one years of age, it is earn- 
estly recommended that a generous discrimination be made by 
directors in favor of returned soldiers, very many of whom 
have spent in the service of their county, several years, dur- 
ing which they would have been entitled to gratuitous instruc- 
tion in the public schools. The sentiment of justice, to say 
nothing of gratitude and patriotism, should prompt boards of 
directors to admit soldiers, free, for a length of time equal to 
the portion of their minority spent in the army. Thus, young 
men who enlisted at eighteen, and remained in the service 
until they were twenty-one, or over, should, if tliey desire it, 
be allowed to attend, free, for a period of three years; and in 
the same way in other cases. They should not merely be per- 
mitted, but invited and welcomed to the public schools, free of 
cost. I have no doubt the next legislature will give them the 
legal right to do so — but no legislative action ought to be nec- 
essary in so plain a case of duty and privilege.* 

7. Pupils Under or Over Age. — By section thirty-four, one- 
half of the public school fund is required to be apportioned 
to districts upon the attendance certified in the schedules. 
By section fortj^-eight, those only who are between the ages 
of six and twenty-one, and residents of the district are legally 
eligible to the free schools of the district. Without doubt the 
public money should be apportioned upon the attendance of 

* This expression of confidence was well-founded ; in the amendatory act of Feb- 
ruary 28, 1867, it is provided as follows : 

" Section 4. All returned soldiers, who, during the late war, entered the army 
while in their minority, shall be allowed to attend, free, any public school in the 
districts where they severally reside, for a time equal to the portion of their mi- 
nority spent in the military service of the United States." 



OFFICIAL AND JUDICIAL DECISIONS. 263 

those pupils only, who are legally eligible to attend free. 
Hence, none others should be reported in the schedules. 
And if persons under six or over twenty-one, or non-resi- 
dents, are reported in the schedules of the district, township 
trustees and treasurers are forbidden to include such, or any 
of them, in the attendance upon which they apportion one- 
half of the public funds. The schedules themselves, if kept 
according to law (§ 53) will show if any ineligible pupils are 
included, since both the age and residence of each pupil must 
be given. If these facts are not shown by the schedule, it 
should be rejected as illegal, or returned for correction. 

8. Duration of Permits of Transfer. — In granting permits of 
transfer, under section thirty-five, directors should designate 
the time that such permits are to hold good. ]^o permit is 
good for more than one year, unless renewed. If the period of 
validity is not stated in the permit, it will be understood as 
extending only to the next ensuing half-yearly distribution of 
public school funds. The law does not contemplate or author- 
ize the countermanding of permits of transfer, when legally 
given, they remain good until they expire by limitation, as 
above. 

9. Leaving the School-Room during regular School Hours. — The 
legal power of school directors to make and enforce an order, 
forbidding pupils to leave the school-room during regular 
school hours, for the purpose of taking music lessons, or any 
other lessons, or for any other purpose, excepting in cases of 
special emergency, is clear and unquestionable. Such power 
is undoubtedly conferred by section forty-eight of the school 
law, and its possession is absolutely necessary to the success- 
ful management and control of the public schools.^ School 
directors are not only possessed of such power, but it is in 
most cases their duty to exercise it. The idea of permitting 
pupils to leave the school-room at will for the purpose of attend- 
ing to any outside pursuit or engagement, is incompatible with 
that regularity of attendance, and order of classification and 
recitation which are indispensable to the success of any public 
school. Lessons in music and other branches not customarily 
taught in the public schools, are highly important and proper 
in themselves, and by no means to be disparaged. But noth- 
ing whatever (save providential or other occasional emergen- 



264 ornciAL and judicial decisions. 

cies), can be permitted to interfere with the regular routine of 
school duties. The necessity of this is self-evident. Any- 
other view would place a public school entirely at the mercy 
of outside parties. For, if one scholar may leave at one hour 
to take a music lesson, another scholar may leave at another 
hour for the same purpose; and in the same way for the pur- 
pose of taking lessons in penmanship, book-keeping, and a 
variety of other things, until pupils will be coming and going 
at all hours of the day, and the regular routine of the school 
be completely broken up. 

Directors may, therefore, if they see fit, lay it down as a rule, 
that no scholar can be permitted to leave the school-room 
during the regular school hours for any such purpose. This 
principle is grounded upon the duty of consulting the greatest 
good of the greatest number. While the public schools are 
in session their interests are paramount over all others. If a 
conflict arises between the school hours established by the di- 
rectors, and those prescribed by outside teachers of music, etc., 
the latter must, in all cases, yield to the former. The interests 
of the public schools cannot, and ought not, to be compro- 
mised; and outside teachers must, if necessary, change their 
hours accordingly. 



OFFICIAL AND JUDICIAL DECISIONS. 265 



VII. SCHOOL ELECTIONS. 

1. llcgisiry Law. — The provisions and requirements of the 
registry law, passed by the late legislature, and approved Febru- 
ary 15, 1865, apply to the election of county superintendents 
of schools, but not to the election of trustees in school town- 
ships ; nor to the election of directors in school districts; nor 
to any other school district elections. This is clear from the 
fact that such elections as those for school township trustees, 
for school district directors, and other school district elections, 
are nowhere referred to in the act, either in direct terms, or 
by warrantable implication— also from the fact that the ma- 
chinery, methods of procedure, and duties prescribed in the 
act, are not applicable to such elections — and from the further 
fact that the restriction as to the right to vote contained in 
section seyen, of the law, viz : " that no vote shall be received 
at any state, county, town, or city election," itself conclusively de- 
fines the character and classes of elections to which the law 
was designed to apply. A school township election is cer- 
tainly not a ^Hown election" within the contemplation of the 
act. Other reasons equally conclusive might be given in sup- 
port of this opinion, but it is not necessary. It is clear, both 
from the plain reading of the act, and from the well known 
objects sought to be accomplished by it, that the registry law 
applies to no school elections, but those for county school 
superintendents. The foregoing decision is concurred in by 
eminent legal authority. 

2. Notices for Elections. — Notices of all township or district 
elections must be issued and posted up at least ten days pre- 
vious to the time fixed for the election ; these notices for town- 
ship elections must be issued by the treasurer ; for district 
elections, by the directors. Notices must state the day of the 
election, the place of voting, the hours of opening and closing 
the polls, and the questions to be voted upon. The time for 
election may be in the afternoon or evening, during reasona- 



266 ornciAL and judicial decisions. 

ble hours, and time must be allowed for all to vote, whicli is 
determined by the officers issuing the call. 

3. Failure to Call Elections or Issue Notices. — In case of fail- 
ure of trustees to order elections to fill vacancies, or of treas- 
urer to issue notices, that duty devolves upon the county super- 
intendent. In case of such failure on the part of directors,* 
the duty firsl devolves upon the township treasurer, and next 
upon the county superintendent. (§§ 25 and 42.) When the 
time for an election is fixed hy law, failue to issue notices does 
not make void an election held on that day. 

4. Failure to Hold Election. — "When there was no election 
on the day fixed by law, the trustees or directors (as the case 
may require,) may issue notices as required by law, and hold 
the election on a subsequent Monday. IlTew notices may be 
issued and the election held two weeks later, or on any subse- 
quent Monday. The old officers are not to hold over till the 
next regular election, if a new election can be held. 

5. Election Held on Wrong Days, or Informally. — If an elec- 
tion is actually held on some other day than that fixed by law, 
or with some informality in the election, and it is ordered and 
acquiesced in by the former officers, the acts of directors or 
other officers holding their offices under color of right, are 
valid so far as third parties and the public are concerned, until 
the election is legally contested and set aside. A mere irregu- 
larity in conducting an election, which deprives no legal voter 
of his vote, and does not change the result, does not invalidate 
an election. The legality of an election does not depend upon 
the declaration of the board of election ; if such declaration is 
withheld, or not made through illegal causes, the office will 
vest nevertheless, for the authority, rights and powers of offi- 
cers are derived from the election, and not from the returns. 
In contested elections, the intention of the voters in casting 
their ballots should control ; and effiBct must be given to that 
intention. {People ex rel. v. Kilduff, 15 III, 492. People ex rel. 
V. Matteson, 17 III., 16T. Piatt v. People, 29 III., 72.) 

6. Judges of School Elections. — At a first election in town- 
ship or district, the voters present select two judges and a clerk 
from their own number. Subsequently, at township elections, 
the trustees are judges, and in districts, the directors. In ab- 
sence of these, judges are chosen as at first elections. Omis- 



OFFICIAL AND JUDICIAL DECISIONS. 267 

sion to swear the judges does not iuvalidate an election. Peo- 
ple V. HilUard, 29 III., 423. If there is a tie on the question of 
receiving a ballot, it must be received ; the presumption be- 
ing in favor of the voter. A plurality vote elects; a tie vote 
for trustee or director is decided by lot by the judges on the 
day of election. In all votes upon questions, a majority de- 
cides; and in case of a tie thereon, the proposition is lost. 
The judges of election certify the poll book, and file it, for a 
township election, with the county superintendent, and for a 
district election, with the treasurer. (§§ 26 and 42.) 

7. Adjournment of Election. — School elections may be post- 
poned or adjourned: 1. On account of the small attendance 
of voters. 2. Because the legal notices have not been given. 
3. On the request of a majority of the voters present. But in 
case of postponement it is necessary, 1. That the judges, be- 
fore adjourning the election, organize themselves into an elec- 
tion board. 2. That the adjournment be ordered by the judges, 
and not by the people present. 3. That a notice of the ad- 
journment be written and posted up at the appointed place for 
election. Unless these conditions are complied with, the post- 
ponement of a school election amounts to nothing, and an 
election held the same day, within the time required by law, 
or designated in the notices, by a sufficient number of in- 
habitants, qualified to vote, and organized into a regular board 
of election, will be legal and valid ; and the persons so elected, 
will hold their respective offices, notwithstanding the informal 
postponement. A subsequent election, held in pursuance of 
such improper adjournment, will not be valid, the power of 
the voters, in the premises, having been exhausted at the regu- 
lar election as aforesaid. {People v. Brewer, 20 III., 474. School 
Law, §§ 25, 42.) 

8. Other District Elections. — In case directors fail to order 
any regular or special election for directors, the law provides a 
remedy. (§§ 25 and 42.) But the notices of all other district 
elections, such as to extend the term of schools, to build school- 
houses, etc., can be given b}' the directors only. Unless a 
majority of the directors concur in giving notice and calling 
such elections, the law prescribes no means of voting on such 
questions. 'No other officers are authorized to order district 
elections except for directors. 



268 OFFICIAL AND JUDICIAL DECISIONS. 

9., First Elections. — First elections in incorporated town- 
ships may be held on any Monday, notice being given by the 
trustees if there are any, if not, by the clerk of the county 
court. First elections in school districts may be held on any 
Monday, notice being given by the township treasurer. (§§ 25 
and 42.) 

10. Manner of Contesting. — Where a person is in any school 
office by color of right, and exercising the duties thereof, a 
quo warranto is the proper remedy for another person claiming ■ 
the same office, and not a mandamus. A quo warranto is the 
proper writ to try the question of title to an office. A pro- 
ceeding by quo warranto must be carried on in the name of the 
people. But to restrain a board of trustees or directors from 
doing an illegal or wrong act, or an act believed to be illegal 
or improper, a writ of ivjunction is the proper remedy. (15 
III, 502. Scates' Comp., 472. The People v. Forquer, Breese. 
104. The PeojDle v. Matteson, 17 111, 107. Colton v. Hanchett, ' 
13 III, 615.) 

11. Eligibility of Voters and Officers. — 'So person can law- 
full}^ vote at any school election unless he is a citizen of the 
United States ; has resided in the state one year next preced- 
ing such election, and thirty days in the school district or town- 
ship in which the election is held. Any white person possess- 
ing the above qualifications, if of lawful age, may vote at any 
Bchool election, except district elections on the question of 
raising money, in which case he must, in addition to the above, 
have paid a tax in said district the preceding year, or have 
been assessed in such district for the year in which such elec- 
tion is held. 1^0 person can be elected to any school office 
who is not a citizen of the United States, and who shall not 
have resided in this state one year next before his election, 
and who is not a resident of the proper district or township. 
{Constitution of III, art 6, §§ 1 and 7. School Law, §§ 27, 28, 
42.) The law does not make ability to read and write a test 
of eligibility to school offices. The good sense of the people 
must be relied upon to prevent the election of such men to 
such positions. The best and most intelligent men should be 
chosen for all educational offices. 

12. Evidence of Election. — The poll book, with certificate of 
judges thereon, is the proper legal evidence of the election of 



OFFICIAL AND JUDICIAL DECISIONS. 269 

a school officer; and said poll book and certificate should be 
returned to the proper officer immediately after every school 
election. All voting at school elections, for officers, should be 
by ballot. {Const, of III., art. 6, § 2. School Lcm §§ 30, 42.) 

13. 31ust be Held on 3Ionday. — All elections for school trust- 
ees and directors, must be held on some Monday. This applies 
both to stated annual elections, and special elections to fill va- 
cancies. But all other district and township elections may be 
held on any day of the w^eek; such as to vote on borrowing 
money to build school-houses, to locate school sites, to extend 
terms of schools, etc. The election of officers is the only 
school election that the law requires shall be on Monday. 
(§§ 25 and 42.) 

14. Elections in New Districts. — "When two districts are 
formed, by division, out of one, each district, having different 
territory and a different voting population from what it had 
before, is to be regarded as a new district, and should there- 
fore elect a new board of directors, who should draw lots for 
their respective terms of office, as in case of an original organ- 
ization. The same should be done, and for the same reasons, 
when a new district is formed by the consolidation of two or 
more districts, except when the consolidation is made by the 
directors, under section thirty-five, in which case the first 
new board is filled by appointment, instead of election. If two 
districts are consolidated by the trustees, and the number and 
designation of one of the districts is retained as the number 
and designation of the new district, a new board of directors 
should nevertheless be elected. The voting population being 
changed by the consolidation, the question of who shall be di- 
rectors of the new district should, of right, be referred back 
to the people. 

15. jReJection of Votes. — Any judge or clerk of a school elec- 
tion who shall knowingly admit any person to vote who is not 
qualified by law, is liable to punishment by fine, etc. But 
when a vote is tendered, and the voter, being challenged, com- 
plies with the requirements of the law in such cases made and 
provided, the judges have no discretion, but must receive the 
vote, unless it is proven, to the satisfaction of a majority of 
the judges, that the voter has sworn falsely. [Spragins v. 
Houghton, 2 Scam., 408.) 



270 OFFICIAL AND JUDICIAL DECISIONS. 

16. Blank Ballots. — "Where an election is held to vote on 
several designated propositions, and some of the ballots are 
blank in respect to one or more of said propositions, it is held 
that said blank ballots should not he counted against said one or 
more propositions. Thus, if the propositions before the meet- 
ing are : to levy a tax to extend schools, and to enlarge the 
school-house, (both propositions being voted on at the same 
time) — and if, fifteen voters being present, it is found that eight 
of the ballots are for the tax, and seven against — while but six 
ballots are for enlargement, and four against, five of the bal- 
lots being silent or blank in respect to enlargement, both propo- 
sitions are to be considered as carried, each having received 
"a majority of all the votes cast" as required by section forty- 
eight. In other words, blank ballots in school elections are 
not to be counted at all. I am aware that there is a different 
opinion upon this point, but the rule above given is believed 
to conform more closely to the language and meaning of the 
school law, to the interests of schools, and to common sense. 
It simply requires a man who is opposed to a proposition, to 
say so, by his ballot, and refuses to allow a proposition to be 
either adopted or defeated by blank pieces of paper. 

17. Ballots should Specify.- — When two trustees, or directors, 
are to be chosen at an election, one to fill a vacancy and the 
other for a full term, or otherwise, as the case may be, the 
ballots should always specify the full term or vacancy, as the 
case may be, which the candidate voted for is to fill. Thus : 
" For trustee, (or director,) for full term, Eichard Eoe." "For 
trustee, (or director,) to fill vacancy, John Doe," etc. But if 
the respective terms of office are not so designated in the bal- 
lots, then the same must be determined by the persons elected, 
by lot, on the day of election. 

18. Loss of Boll Book. — When an election is held on the 
day and in the manner required by law, and none of the facts 
that should appear of record are at all in question, the loss of 
the poll book, accidentally or otherwise, does not invalidate 
tbe election. It is simply a case of lost record, which may be 
cured by the affidavit of the judges and clerk, filed with the 
proper officers, setting forth the material facts, with the names 
of the persona elected, etc. The records of the district or 
township should also show the essential facts of such election. 



OFFICIAL AND JUDICIAL DECISIONS. ' 271 

19. Province of County Superintendent in Township and Dis- 
trict Elections. — When by the failure of the proper officers to 
order township or district elections, (§§ 25, 42,) the duty de- 
volves upon the county superintendent, all that is required of 
him is to cause the requisite notices to be posted up in the 
manner and places prescribed by law. The election will then 
be held and conducted in the usual way, and by the officers or 
persons prescribed in the act — no further service in the prem- 
ises is required of the county superintendent, who is entitled 
therefor to compensation at the rate provided in section seventy- 
one of the act. 

20. Qualifications of Officers, etc. — The judges and clerks in 
school elections should be sworn. {School Laiv, § 27. Scates' 
Comp., 466.) But, as elsewhere stated, it is held that omission 
to swear them does not, of itself, invalidate the election. 
Oaths may be administered to the officers of school elections 
by any judge, justice of the peace, notary public, county or 
circuit clerk, or any other person duly authorized by law to 
administer oaths or affirmations. A supervisor is not author- 
ized to administer oaths to said election officers. {Toivnship 
Organization Laws, § 6, art. 8, and art. 9.) And if no such 
authorized person is present at the opening of the election, the 
judges thereof may administer the paths or affirmations to 
each other, and to the clerks of the election; and the person 
administering the same should cause an entry thereof to be 
made and ^bscribed by him, and prefixed to the poll books. 
{Scales'' Comp., 467.) The school law does not require trustees 
and directors to be sworn before entering upon their duties, 
nor is there any officer or person designated in the act, or 
authorized, to administer official oaths to said school officers. 

21. Questions May be Voted on a Second Time, etc. — An 
election for a school offi,cer is final. The law provides for but 
one such election a year in each township or district, except 
in case of vacancy, etc. But it is held that no such limitation 
necessarily applies to voting upon school questions, such as ex- 
tending schools, borrowing money, choosing sites, etc. The 
only restriction (§ 48) is that ten days' notice must be given 
as required by section forty-two. Take the case of a school 
site, for instance: One may be chosen without due delibera- 
tion—or in ignorance of important facts in regard to title, etc.; 



272 ' OFFICIAL AND JUDICIAL DECISIONS. 

or when but a very few voters were or could be present; or 
it may afterwards be determined to divide or enlarge the 
district, rendering the site chosen inconvenient; or another 
and more eligible site, and at less cost, may subsequently be 
offered; — these and many other equally strong reasons may 
make it plainly for the interest of a district to reconsider the 
action taken, and to call another meeting for that purpose; 
and it is held that it may legally be done, by the directors, 
upon proper notice as aforesaid. The inhabitants should have 
the largest liberty in such matters, compatible with the rights 
of others, and their rights in the premises are not restricted 
by either the letter or spirit of the law. If a former vote is 
reconsidered or rescinded, it must, however, be done before 
expenses are incurred by, or rights accrue to, other parties 
under the original vote. And if another meeting is called, it 
must be by the directors, by whom all notices of district elec- 
tions must be issued. (§ 42.) The directors have discretion 
in such cases — they cannot be compelled to call another meet- 
ing. But they are clearly empowered to do so, and should not 
decline to issue the notices when it is the wish or request of a 
majority of the inhabitants of the district. 

22. Not to Hold Over. — It is clearly the intention of the law 
(§ 42) that school directors shall not hold over beyond the 
time for which they were respectively elected. To this end pro- 
vision is made for ordering elections by other officers, when 
the duty is not performed by those upon whom it primarily de- 
volves. Hence, if when the term of a director regularly expires, 
a successor is not elected, a special election must be called. 
And if said director should continue in office until the next 
regular election, his .place must then be filled. In that case 
two directors must be elected, — one for two years, to fill the 
place of the director whose term expired the preceding August; 
the other, for three years, to fill the place of the director whose 
term then regularly expires. Default in electing a successor at 
the proper time, does not authorize a director to hold over an- 
other full term of three years, if an election can be sooner had. 

23. In Case of a Tie.— 'If an election for school trustee or 
director results in a tie, it must be decided by the judges, by 
lot, on the day of election. (§§ 28 and 42.) It is illegal, in 
such cases, to open the polls again and take another ballot. If 



OFFICIAL AND JUDICIAL DECISIONS. 273 

in a school election there are several candidates, of whom two 
receive each the same, and the high?;st, number of votes, it is 
held that there is "a tie," within the meaning of the forty- 
second section of the act, upon that point, and that the choice 
must therefore he determined " by lot " on the day of election. 

24. Effect of a Vote to Build a School-House. — In all school 
elections had for the purpose of voting on the question of 
building a school-house, every material point and proposition 
should be stated in the notices calling the election, so that 
the voters may act understandingly. Among the points to 
be clearly set forth are, the maximum cost of the proposed 
house ; the rate of tax to be levied, etc. And if it is pro- 
posed to borrow money, that fact should also be clearly stated. 
The ballots should clearl}^ embody the several propositions 
named in the call, so that there may be no doubt of the inten- 
tion of the voters, or of the legality of the action that may be 
taken by the directors. But if the notices merely state, in 
general terms, that the object of the election is to vote for or 
against authorizing the directors to build a new school-house, 
and a clear majority is in favor of building, it is held that the 
directors are thereby empowered to take the necessary steps 
to carry out, in their best discretion, the wishes of the inhabit- 
ants of the district, subject to the restrictions of the law, (§ 47,) 
in respect to the amount of money that may be borrowed, and 
of tax that may be levied. 

25. Not Invalidated in Certain Cases. — It is held that a school 
election is not invalidated by the mere fact that certain names 
of voters were recorded in the poll book by a person other 
than the regularly appointed clerk. The tenor of the ruling 
in the case of Piatt v. The People, 29 III., 72, favors this view 
of the case. The presumption would be that the names were 
properly recorded, although by another hand, and it would 
devolve upon the contestant to show that names of persons 
not voting were recorded, or that names of voters were omit- 
ted, or that other errors occurred whereby voters were deprived 
of their rights, and the result of the election changed. In the 
absence of such proof the simple fact of the entry of names 
by another hand, would not, ipso facto, invalidate the election. 

26. Mai/ Build on Old Site. — If an election is called to vote 
on the question of building a new school-house, nothing being 

18 



274 OFFICIAL AND JUDICIAL DECISIONS. 

said in the notices about a change of site, and a majority of 
the votes cast is in favor of building, the directors may law- 
fully proceed to build upon the old site. In such cases the 
presumption is that no change of site is desired by the people. 

27. What Constitutes a Voter on • the Question of Raising 
Money. — It is provided in section forty-two of the act, that 
"no person shall be entitled to vote at any district election, 
on the question of raising money, unless he shall have resided 
in the district at least thirty days immediately preceding said 
election, nor unless he shall have paid a tax in said district 
the preceding year, or shall have been assessed in said dis- 
trict for the year in which such election is held." 

The object of this provision is to protect the actual residents 
and tax-payers of school districts from the imposition of un- 
reasonable taxes upon their property, by the votes of chance 
or transient residents, or other irresponsible persons, who may 
happen to be temporarily in the district, and who have no real 
or permanent interests in the schools and school affairs of 
the district. It is important that the meaning of the statute 
on this point should be clearly understood, so that the benefits 
of the provision may be realized, while at the same time no 
injustice is done. I remark, then, that the residence of the 
voter must be bona fide, and, in addition, he must either have 
been assessed in the district during the year, or he must have 
paid some public tax in the district within the year preceding 
the election. The tax must, of course, be one levied by au- 
thority of law; but the statute makes no distinction as to 
whether said tax was one levied on realty or personalty. 
Nor is it material whether it was for state, count}", or munici- 
pal purposes ; a road tax, or school tax, would be sufficient. 
Some have supposed that the word "assessed" defines and 
limits the word "tax" in this clause, restricting the meaning 
to real and personal property. But it is held that there are no 
satisfactory grounds for such a restriction. Avy tax imposed 
or levied, and required to be paid, by proper public authority, 
under the laws of this state, is "assessed" to all intents and 
purposes. The payment of an income or revenue tax, or of 
any other tax imposed by the national government, does not, 
of course, fall within the meaning of the clause, and would 
not, of itself, constitute the person a voter. It must be a tax 



OFFICIAL AND JUDICIAL DECISIONS. 275 

paid or levied under some general or municipal law of this 
state. This clause being restrictive of the right of citizens 
to vote, must be construed liberally in their favor. 

28. A Second Ballot cannot be taken at the same Election. — 
When, at any election in a school township or district, a ballot 
is regularl}^ taken and the "result announced, said ballot is con- 
clusive and final. Another ballot, at the same meeting, can- 
not be had, either to gratify disappointed and dissatisfied 
voters, or for any other reason. The moment the balloting is 
concluded, the powers of the voters, at that election, are ex- 
hausted. A second ballot, if taken, would be illegal and void. 

29. Questions of Raising Money to he Voted on Separately. — 
Section forty-two provides that "no person shall be entitled to 
vote at any district election on the question of raising money, 
unless he shall have resided in the district at least thirty days 
immediately preceding said election, nor unless he shall have 
paid a tax in said district the preceding year, or shall have 
been assessed in such district for the year in which- such elec- 
tion is held." On all other questions the qualifications of 
voters at school district elections are the same as those re- 
quired at general elections. Questions involving the raising 
of money, should not, therefore, be voted on at the same time 
and by the same ballot with other questions, because difierent 
qualifications are required of the voters, and hence the judges 
must observe diflferent rules in respect to the admission of 
votes in the two classes of questions. All questions concern- 
ing the raising of money should therefore be voted on sepa- 
rately. 

* 30. Taxes for Building — Powers of Voters and Directors. — 
Where a costly school-house is to be built, it is generally best 
to extend the tax over several years, so that the assessment of 
no one year may be too burdensome. If a specific tax is voted 
for one year on\j, the directors cannot levy another tax with- 
out another vote; but the people may, by vote, authorize the 
directors to levy a certain rate annually, for a definite number 
of years, or until the house is paid for, in which case the di- 
rectors, or their successors, may go on from year to year and 
levy the specified tax, without another vote. But the rate can 
in no case exceed the maximum (three per cent.) allowed by 
law. (§ 47.) 



276 OFFICIAL AND JUDICIAL DECISIONS. 

31. 3£ay he called hy one Director in certain cases. — "Vacancies 
in boards of directors are required (§ 42) to be filled "without 
delay," The boards should be kept full, and the statute di- 
rects how it shall be done. Much injury may result from there 
being no quorum in a board of directors, even for a short time. 
Hence, when two vacancies occur at-the same time, an election 
to fill them may be ordered by the remaining director ; and if 
one vacancy occurs, and one of the two remaining directors is 
absent from the district, a special election to fill the vacancy 
may be ordered by the other director, and the election so held 
w^ould be valid. " When vacancies occur, the remaining di- 
rector or directors, shall, without delay, order an election to 
fill such vacancies." {School Law, 1865, § 42.) 

32. Vote to Build, and for School Site. — A vote on the question 
of a tax to build a school-house, may be had either before or after 
the site is chosen. The two questions are separate and inde- 
pendent of each other, and need not necessarily be both voted 
on at the same time. The people of a district may become sat- 
isfied that a new school-house is required before thej^ are pre- 
pared to decide upon the site, and they may at once vote on that 
question and levy a tax to build, leaving the choice of a site to 
be determined afterwards. The site may be selected at any 
time before the building is commenced. It is not only legal, 
but quite customary for a district to commence by taxation, the 
accumulation of a building fund, before the site is chosen. 

33. Voting Governed by Terms of Call. — By section forty- 
seven, no tax can be levied for building purposes, without a 
vote of the people; by section forty-eight, "a majority of the 
votes cast," is necessary to authorize the directors to act. Bull 
the said majority of votes must be for the particular proposi- 
tion or propositions named in the notice or call for the meet- 
ing. Matters or questions not specified or included in the call, 
cannot be acted upon. If a meeting is called, for example, 
for the sole purpose of voting for or against extending the 
term of school beyond six months, it would not be legal to 
vote at that meeting, on the selection of a school site, etc. 
Or if an election is ordered to vote for or against a particular 
rate per cent, of tax for school purposes, or to raise a cer- 
tain specified sum for building a school-house, etc. ; it would 
not be legal to vote, at such meeting, for a diflerent rate or 



OFFICIAL AND JUDICIAL DECISIONS. 277 

sum, cither more or less. The voting must be confined to 
the particular rates or amounts specified in the call. If the 
people desire to vote upon other propositions or questions, 
another meeting must be regularly called for the purpose. If 
a proposition not embraced in the notice should receive a ma- 
jority of all the votes cast, such proposition is not legally 
adopted, simply 6ecaw5e it was not before the meeting. Sup- 
pose, for instance, that the directors call a meeting to vote 
on the question of raising by taxation, the specific sum of 
three thousand dollars to build a school-house, and when the 
ballots are counted it appears that ten are for a tax of three 
thousand dollars, and fifteen are for a tax of twelve hundred 
dollars. How stands the case? Is the proposition of the 
directors to raise three thousand dollars adopted ? No. Why ? 
Because it did not receive "a majority of all the votes cast." 
Is the proposition to raise twelve hundred dollars adopted? 
No. Why? Because that proposition was not legally before 
tlie meeting. Each ballot should have read: "For a tax of 
three thousand dollars," or, "Against a tax of three thou- 
sand dollars." The proposition to raise three thousand dol- 
lars is defeated, but the other proposition is not adopted, 
not being properly before the meeting; and another election 
must be called and another vote taken, before the directors 
can act. This principle is very plain, and can readily be ap- 
plied to all the various cases that may arise. 

34. Failure to Elect Directors. — The mode of electing di- 
rectors is clearly pointed out in the forty-second section of 
the act, and every probable contingency provided against. 
But the law cannot force voters to the polls. If notices are 
posted but th^ people disregard them and no election can be 
had for lack of voters, there is no remedy. Against such a 
contingency the law has no provision. If a district is left 
without a quorum of directors, and all efiorts to fill the va- 
cancies fail, the legal existence of the district ceases ; for there 
catinot be a legal public school in a district having no board 
of directors. Neither the state nor county superintendent has 
any power to appoint directors — the people must elect them, 
and if they will not, or do not, there is no remedy. 

35. Notices, Where Posted. — In all district elections, the no- 
tices are required (§ 42) to be posted in at least three of the 



278 OFFICIAL AND JUDICIAL DECISIONS. 

most public places in the district. The object of this require- 
ment of the statute is to secure the greatest practicable pub- 
licity, so that all voters may be duly informed. If it is believed 
that this object will be better attained by posting the notices 
in places of general resort, such as the post-office or court- 
house, which are close to, but just outside of, the boundaries 
of the district, and if the election is held in accordance with 
such notices, and no voter claims that he was thereby deprived 
of his vote — it is held that the election would be legal. 

36. Voting to Extend the Term of School. — If notices are 
posted by a board of directors for a meeting to vote for or 
against levying a tax to extend the term of school a certain 
specified number of months, it is illegal to change the number 
of months to be voted on, after the voters assemble. The 
precise time specified in the notices must be voted on. This 
is required by good faith. It is the object of the notices to 
inform the people of the particular propositions to be voted 
upon, so that they may govern themselves accordingly. If a 
number of months either greater or less than that stated in 
the call, is voted on, the election is void, and another must 
be held. 

37. Voters in Specially Incorporated School Districts. — The 
courts have decided that when a city or incorporated town is, 
by act of the legislature, created and constituted a special 
school district, with the powers and authority necessary to 
manage and carry on its school affairs in accordance with its 
own by-laws and ordinances, the voters of such city or town 
have no right to vote on school questions outside of the city 
limits. Thus, the schools of the city of Springfield, for in- 
stance, are managed by a board of education,* in accordance 
with the provisions of the charter, and with the rules and 
regulations prescribed by the city council — the city is a spe- 
cially incorporated school district, so far as its educational 
affairs are concerned. But the city is at the same time within 
the territorial limits of, and a part of, a certain congressional 
township, (15 N. 5 W.) In this state of facts, two questions 
arise : 1. Can the legal voters of Springfield vote for school 
trustees of the township in which the city is situated ? 2. Can 
a citizen of Springfield be elected school trustee of the town- 
ship, or appointed treasurer thereof? The first question is 



OFFICIAL AND JUDICIAL DECISIONS. 279 

answered in the negative by the judicial decision above re- 
ferred to — the citizens cannot vote on school questions outside 
of the-city limits. Their right to be regarded as a part of the 
body politic of the township at large, is negatived by the spe- 
cial corporate powers and privileges conferred by the private 
law or charter. But does it follow that because a citizen of 
the specially incorporated school district of Springfield cannot 
vote for school trustees of the township in which the city is, 
he is therefor ineligible to the office of trustee, or treasurer, in 
said school township? I think not. The conditions of com- 
petency to vote /or an officer, and to be chosen as such officer, 
are not necessarily identical. A man may be a competent 
voter, and at the same time ineligible as a candidate, and vice 
versa. Or, to apply the principle, while a citizen of Spring- 
field cannot take part in the election of township school trust- 
ees, he may be legally elected to the office of township trustee. 
He is a resident of the ioumship, as much so as any inhabitant 
thereof living outside of the city limits, and the school law 
imposes no other special condition of eligibility to the trustee- 
ship. The statute nowhere says that a school trustee or 
treasurer shall not be a resident of a city or incorporated 
town, but only that he must be a resident of the township. 
(§ 42.) Moreover, the before mentioned decision of the court 
being restrictive of the ordinary rights of the inhabitants of a 
township, should be strictly construed. It is inhibitive only of 
the right of voting, not of being voted for, and should not be 
allowed to embrace any matters not expressly designated 
therein. Unless, therefore, there is some statute or judicial 
decision, expressly forbidding a citizen of a specially incor- 
porated school district to hold the office of township school 
trustee, or treasurer (and I know of none), the right to hold 
such office would seem to be unquestionable. The correctness 
of this view is also evident from a consideration of the reasons 
why the citizens of a special school corporation are not allowed 
to vote beyond the limits of said corporation on school ques- 
tions. Among the school questions arising in the township 
are those of creating and changing the boundaries of school 
districts, the loaning of school funds, and indirectly, the levy- 
ing of taxes, etc. Now since the voters outside the city 
limits have no voice in determining any such questions arising 



280 OFFICIAL AND JUDICIAL DECISIONS. 

within the ci-ty limits, it is riglit and proper that the voters of 
the city should be equally excluded from taking part in the 
decision of such matters in the township at large. On this 
principle the voters of one school district, under the general 
law, are prohibited from voting in any other school district, — 
the right of voting being co-extensive only with the liability 
to taxation. But none of these considerations apply in bar 
of the right of a citizen of a specially incorporated school 
district to hold the office of trustee for the township at large. 
Such citizen does not meddle at all with the local interests and 
elections of the outside portion of the township, but is merely 
chosen, by the voluntary act of the voters concerned, to per- 
form the duties of trustee of the township of which he is a 
resident; and if the voters see fit to elect him, he may law^- 
full}^ accept the position — he is clearly eligible. So in respect 
to township treasurer; a citizen of any city or incorporated 
town within the limits of the township, may be appointed to 
that office. 



OFFICIAL AND JUDICIAL DECISIONS. 281 



yill. SUPPLEMENTARY DECISIONS. 

1. Costs of Suit. — In suits brought for the recovery of any 
debt due the school fund, counsel may be employed, when 
necessary, and a reasonable fee be allowed from the proper 
school fund. When such suits are unsuccessful no costs can be 
charged by any court before which the case is tried, nor by any 
constable, sheriff, etc (§ 78.) But exemption from costs ap- 
plies only to the particular class of cases designated in the act, 
namely "where any agent of any school fund, suing for the 
recovery of the same, or any interest due,«thereon, is jolaintiff, 
and shall be, from any cause, unsuccessful in such suit." The 
clause, being restrictive of the common rule in respect to costs, 
must be limited, in construction to the particular cases de- 
scribed. It is not meant to grant immunity from costs where 
suits are brought and judgments rendered against school officers 
or their agents, but only when actions are commenced by them, 
and are not successful. 

2. Residence of School Officers. — County superintendents 
must he residents of their respective counties. If they remove 
from the couut}^, their offices are vacated, and must be filled 
as other vacancies. {Scates' Comp., 798.) Township trustees 
and school directors must be residents of their respective 
townships and districts. Upon their removal from the same, 
their offices become vacant, which vacancies must be immedi- 
ately filled by special elections. As far as practicable, trustees 
should be chosen from different parts of the township. (§§ 24 
and 42.) 

3. County Treasurers. — County treasurers are not entitled 
to any commission upon school taxes collected and paid over 
to them by county or township collectors. (§ 72.) 

4. Priority of Debts Due the School Fund. — It is held that the 
sixtieth section of the school law, in reference to the priority 
of debts due from the executors and administrators of the 
estates of deceased persons to the school fund, must be cou- 



282 OFFICIAL AND JUDICIAL DECISIONS. 

strued as so altering or amending the one hundred and fifteenth 
section of the statute of wills as to give said debts priority 
over all other claims against the estate of the deceased debtor, 
" except funeral and other expenses attending the last sickness, 
not including the physician's bill." 

5. Mortgage does not Lose Priority. — A mortage upon real 
estate taken as security for school funds, docs not lose its pri- 
ority, if it has been recorded, by failing to foreclose when it 
becomes due. It retains its lien until the debt becomes barred 
by the statute of limitations. 

6. Claims in Favor of the School Funds, etc. — After a claim 
in favor of the school fund is allowed in the probate court, or 
is put into judgment, it thereafter, like«all other claims, bears 
but six per cent. Trustees of schools have no right to transfer 
notes or mortgages given to the school fund. Whether a 
mortgage can be fcy^eclosed for the interest, the principal not 
yet being due, is a question for the courts to determine; it 
does not fall within the legitimate province of this department. 
I may add that I know of no decision directly upon the point. 

7. Sale of School Section in a Full Township. — The question 
has been submitted whether one-half of the sixteenth section 
in a full township can be sold, there being more than one hun- 
dred, and less than tw^o hundred .inhabitants therein. It is 
clear that this question must be answered in the negative. The 
provision for selling part of the school section only applies, 
and was only intended to apply, to fractional townships. In- 
deed the other construction would be absurd, for, after selling 
the first half, by parity of reasoning, the second might be sold 
in the same way, and thus the beneficent purpose of the law 
be directly violated. The hasty sale of school lands cannot be 
too carefully avoided. 

8. Books and Blanks.— The law makes it the imperative 
duty of school officers to provide themselves with the several 
books and blanks required in the discharge of their respective, 
duties, and they are earnestly enjoined to a faithful compliance 
with this provision of the act. (§§ 42, 43, etc.) 

9. Cities and Incorporated Town§.~8choo\s in cities and in- 
corporated towns are managed and conducted in accordance 
■with such special acts and ordinances as may be in force in rela- 
tion to schools ; nor are such special acts, ordinances, etc., re- 



OFFICIAL AND JUDICIAL DECISIONS. 283 

pealed or changed by the general school law as amended. But 
it is the duty of the school boards, or other ofRcers, having 
charge of schools in cities and towns, to furnish the same sta- 
tistical information as is required of corresponding ofRcers in 
districts and townships, under the general law ; and the said 
statistical reports must be furnished amiually, and the render- 
ing of said reports is a condition precedent to the right of any 
city or incorporated town to receive any portion of the com- 
mon school fund ; of which all county superintendents and 
others concerned must take due notice and govern themselves 
accordingly. (§ 79.) 

10. Liabilities of Retiring School Officers. — The money in the 
hands of the county superintendents and township treasurers, 
on their retirement from office, is the property of the county 
or township, to be used for school purposes; and it is their duty 
to deliver it over specifically, or in funds of equivalent value, 
to their successors in office. If the money was of par value 
when received by them, and, being retained b}' them after 
their official authority over it ceases, it subsequently depreci- 
ates, the loss falls on them. {Hamilton v. Cook County, 4 Scam.^ 
519.) A county superintendent, or township treasurer, is not 
entitled to any commissions upon funds paid over to a succes- 
sor, as this would involve the deduction of two commissions 
from tlie same funds, which is contrary to the intent of the 
law. The correctness of this view of the case is further ap- 
parent from the fact that a number of changes of incumbents 
may occur before a given sum of money is finally disbursed 
or loaned, and if each retiring officer retains two per cent, 
when he turns over the money, a large part of the original 
amount might be absorbed in commissions. 

11. Official Papers Cannot he Returned — Section three of the 
act requires the state superintendent to file, keep and preserve, 
all books, reports, papers, and other public documents, com- 
ing into his hands as state superintendent. This embraces all 
letters, papers, and documents of every description, addressed 
to the state superintendent upon any official business relating to 
the educational or other duties of his office, and is the reason 
why he cannot return such papers, etc., to the writers, as is 
sometimes requested. He is obliged to file them. Corres- 
pondents should therefore retain copies of such papers as they 



284 OFFICIAL AND JUDICIAL DECISIONS. 

wish to preserve ; or transmit in duplicate, in which case one 
copy will be returned, if desired. Attested copies of any official 
paper will be cheerfully furnished, when requested, but the 
originals cannot be returned. 

12. Commissions on Delinquent and Railroad Taxes. — It is held 
that the commission of two per cent, prescribed by section 
forty-five, applies to all special district taxes, including delin- 
quent and railroad taxes. I am not aware of any exception in 
the case of railroad taxes, nor that there is any late change in 
relation to the fees of county treasurers, except in the act ap- 
proved February 16, 1865, which however only applies to reve- 
nue assessed for county purposes, and to certain designated 
counties. 

13. Foreign Languages in the Public Schools. — It was the ob- 
ject of the legislature, in the last clause of the fiftieth section 
of the act, to allow the introduction into the public schools 
of the state, of additional and higher branches of study than 
those enumerated in the former part of said section, when 
the circumstances of a district and the best interest of the 
schools should seem, in the judgment of the directors, to au- 
thorize it. It was especially contemplated by said clause to 
allow the establishment of high schools as a part of the public 
school system of the state. In conformity with that permis- 
sive clause, the higher branches of learning are taught in many 
of the public schools of the state, and with the best results. 
But there is nothing in the provisions of the fiftieth section, 
or any other part of the act, that will warrant or justifj^ the es- 
tablishment or maintenance, at the public expense, of any other 
than English schools; by which term, as used in the law, is meant 
such schools only as have for their object the teaching of vari- 
ous branches of an English education, and in wdiich the com- 
mon medium of communication is the English language. The 
teaching of higher branches, such as languages and mathemat- 
ics, is incidental and collateral, and must not be allowed to 
divert any public school from the great purpose contemplated 
by the legislature in the establishment of the system. Accor.d- 
ingly, the German, French, or other foreign language, may be 
taught in the public schools, when deemed expedient, and when 
the teaching thereof will not crowd out or interfere with the 
branches specifically required by law. But in the teaching of 



OFFICIAL AND JUDICIAL DECISIONS. 285 

snch foreign languageg the medium of communication must 
in all cases be the English language — the schools in which 
such foreign language maj be taught must constantly retain the 
distinctive character of English schools. In other words, Ger- 
man may be taught in a public school, the same as Latin or alge- 
bra, if circumstances will justify ; but in teaching that language, 
or any other, the character of the school as an English school 
must not be changed — the common medium of communica- 
tion in the school must continue to be the English language. 
The teaching of German, in the manner permitted hy the act, does 
not make the school a German school, any more than the teach- 
ing of the classics, as contemplated by law, changes the char- 
acter of the school from an English school to a Latin or a Greek 
school. If the common medium of communication be changed 
from the English language to the German, or other foreign 
language, such school ceases to be conducted according to 
law, and, by the express terms of the act, is no longer entitled 
to the public funds. Such a thing as a German school, or a 
French school, properly so called, is utterly unknown to the 
common school law of this state. The language of the statute 
is, " every school established under the provisions of this act 
shall be for the purpose of instruction in the various branches 
of an English education; and no school funds shall be appropri- 
ated under this act for any other class or description of schools.^' 
This is explicit and peremptory, and must govern in all cases 
where it is not superseded by special acts of different import. 
The schools established must be such as the law requires, or 
they cannot have the benefit of the public funds. If the di- 
rectors use the public funds for any other description of schools, 
they are personally liable. The intention of the law is clear 
not only from the fiftieth section, from which I have quoted, 
but also from many other parts of the act, especially the forms 
of teachers' and directors' certificates, in section fifty-three, etc. 
It follows from the foregoing view, that the practice of keep- 
ing an English school during one part of the day, and a Ger- 
man school the other part — or of maintaining an English 
school during certain months of the year, and a German 
school during certain other months, and allowing all to share 
alike in the use and benefit of the public funds, is contrary to 
law and must be discontinued. The one great and wise pur- 



286 OFFICIAL AND JUDICIAL DECISIONS. 

pose of the legislature in these provisions is, not to under- 
value or discourage the teaching of the German language, (a 
knowledge of which has come to be almost indispensable in 
this country,) but to bring to bear the powerful influence of 
our public school system in familiarizing all classes and nation- 
alities of our people with the vernacular tongue, as the national 
language of the republic. {See Remarhs on page 95, ante.') 

14. School Officers and Road Taxes. — The term, "• working 
on the roads," as used in section seventy-two of the school 
law, includes all assessments on school officers of road labor^ 
and all taxes in money levied in lieu of labor. But all other 
road taxes levied must be paid by school officers, the same as 
by other persons. 

15. When by Mistake^ but one Class of Property is Taxed. — If, 
in any year, a board of directors, by a vote of the people, 
cause to be filed with the county clerk within the time lixed 
by law, a legal certificate of the rate of tax required to be 
levied, for school purposes upon, all the taxable property of 
their district ; and if the clerk, by inadvertence, or otherwise, 
extends the said tax upon personal property only, or upon real 
estate only, and not upon both as required by the certificate, 
it his held that the clerk may and should extend said rate of 
tax upon the omitted class of property, the next year, and 
that no further vote is necessary to warrant him in doing so. 
It would simply be completing what the people had already au- 
thorized to be done, and what the clerk had improperly failed 
to do, but in part, at the proper time. [School Law, § 45.) 

16. Unity of the School Fund. — The school funds of every 
district must be kept and considered as a unit, for the purposes 
contemplated by law. The school law knows no particular 
class, nationality, religion or sect. The taxes paid by persona 
of a particular sect, class or nationality, cannot be withdrawn 
from the common fund to pay the teacher of a separate school 
established for their own special benefit. Such a proceeding 
would be at war with the fundamental idea of our system of. 
common schools. 

17. Has no Judicial Authority. — The decisions of the state 
superintendent are final unless otherwise directed by the legis- 
lature, or reversed by a court of competent jurisdiction. 
(^School Law, 1865, § 8.) He has nothing to do with school 



OFFICIAL AND JUDICIAL DECISIONS. 287 

cases whicli have been taken into the courts. Hence, he can- 
not take under advisement, or furnish opinions upon, cases or 
questions upon which judicial proceedings have been instituted. 
It would be both useless and improper for him to do so, for 
his jurisdiction ceases where that of the courts begins. The 
object of the powers with which he is invested is to prevent 
litigation, not to interfere after suits have been commenced. 
This will explain why decisions are not furnished to parties in 
actual litigation. They must apply for information or instruc- 
tions before bringing suit. 

18. Tenure of Notes and Mortgages. — A note, secured by 
mortgage, runs till barred by the statute of limitations, which 
fixes the period when collection is barred, at sixteen years 
from the date when the cause of action accrues; and a mort- 
gage given to secure payment of a note, retains its lien until 
the note itself is barred by the statute. In general, a mortgage 
is not barred by the statute till the end of twenty years. 

19. — The Bible and Religious Observances in the Public Schools. — 
It is of much importance that teachers, school officers and 
parents, should have clear and well-defined views upon this 
subject. It should never be forgotten that the principles gov- 
erning those concerned in imblic schools, established and main- 
tained by the state, are, or may be, quite unlike those appli- 
cable to all other kinds of schools and institutions of learning 
in respect to the matters now under advisement. Private 
schools and institutions may be conducted in accordance with 
the opinions and wishes of their founders and teachers, or of 
the corporations controlling them ; public schools must be con- 
ducted in harmony with the letter and spirit of the constitu- 
tions and laws of the respective states in which they are estab- 
lished. Hence the importance of defining as clearly as 
possible the boundaries within which the teachers and boards 
of control of the public schools may legitimately act — the 
criteria by which the lawfulness or unlawfulness, the propriety 
or impropriety, of particular rules and regulations and practi- 
ces touching the matter in hand may be determined. 

As the principles involved are vitally related to a cherished 
and cardinal element in our theory of civil government, that 
of religious liberty, it will be of use to introduce the discussion 
by an examination of the national constitution, and the con- 



288 OFFICIAL AND JUDICIAL DECISIONS. 

stitutions and laws of the several states, and to note tlieir 
teachings and bearings upon the question of religion, and re- 
ligious observances in the public schools. 

In the first article of the amendments to the constitution of 
the United States, it is declared that, "Congress shall make 
no laws respecting the establishment of religion, or prohibiting 
the free exercise thereof." 

It would seem to follow from this, that any sto^e may establish 
a religion, and cause the same to be taught in its schools; for 
if congress can make no law respecting the establishment of 
religion, it can make no law prohibiting the establishment of 
it. It is entirely within the power of the several states, 
therefore, to establish a religion for themselves or not, just as 
they may deem proper. It follows, also, that a state may es- 
tablish a religious test for teachers; and this may be done for 
teachers of private as well as of public schools. Whether 
anything of this kind has been done is a question which can 
be answered only after a careful examination of the laws of 
the several states. While the article just quoted from the 
fundamental law of the nation was a grand principle to incor- 
porate in the constitution of a great country, yet it must be 
borne in mind that its eiSfect is, to leave to the people of each 
state the power to make any law they may deem expedient, 
"respecting an establishment of religion or prohibiting the free 
exercise thereof." Were it not for this reserved potver, the law 
as to religion in schools could be explained in five minutes. 
ISTow, however, the explanation is not so easy. But by placing 
the laws of the several states on this particular subject in close 
juxtaposition, the end sought will be attained. 

Rhode Island. — This little state seems to have been the 
cradle of religious liberty on this continent. Its fundamental 
law proclaims in the broadest terms the absolute and inaliena- 
ble freedom of all persons in religious concernments, and 
that their civil capacities shall in no wise be diminished, en- 
larged, or afiected by their religious opinions or belief. "We 
therefore declare, that no man shall be compelled to frequent 
or support any religious worship, place, or ministry whatever, 
except in fulfillment of his own voluntary contract; nor 
enforced, restrained, molested, or burdened in his body or 
goods ; nor disqualified from holding office ; nor otherwise 



OFFICIAL AND JUDICIAL DECISIONS. 289 

suffer on account of his religious belief; and that every man shall 
be free to worship God according to the dictates of his own con- 
science, and to profess, and by argument to maintain, his opinion 
in matters of religion ; and that the same shall in no wise diminish, 
enlarge, or affect his civil capacity." {Const, of R. I., Art. I. § 3.) 

Hence, the laws of this state give no power to a school com- 
mittee, nor is there any authority in the state, by which the read- 
ing of the Bible or praying in school, either at the opening or at 
the close, can be commanded and enforced. On the other hand, 
the spirit of the constitution, and the neglect of the law to specify 
any penalties for so opening and closing a school, or to appoint or 
allow any officer to take notice of such an act, do as clearly show 
that there can be no compulsory exclusion of such reading and pray- 
ing from the public schools. The whole matter must be regulated 
by the consciences of the teachers and inhabitants of the districts, 
and by the general consent of the community. Statute law and 
school committees' refjulations can enforce neither the use nor the 
disuse of such devotional exercises. School committees may, in- 
deed, recommend, but they can go no further. It is believed to be 
the general sentiment of the people of Rhode Island that this mat- 
ter shall be left to the conscience of the teacher. No book should 
be introduced into any public school by the committee, containing 
any passage or matter reflecting in the least degree upon any re- 
ligious sect, or which any religious sect would be likely to consider 
offensive. While a committee, on the examination of teachers, 
should not inquire into the peculiar religious or sectarian opinions 
of a teacher, nor entertain any preferences or prejudices founded 
on any such grounds ; they ought, nevertheless, and without hesi- 
tation, to reject every person who is in the habit of ridiculing, de- 
riding, or scoffing at religion ; for such a habit may well be sup- 
posed to betray a want of that liberality which the state encourages 
in religious concernments, and an incapacity to teach in the mag- 
nanimous spirit of its laws. ( Const, and Laws of R. X, CJi. 2, § 8 ; 
Puh. School Acts, 1857, 2^P- 36, 42, 98, 99.) 

Connecticut. — While the Rhode Island idea of religious liberty 
is substantially embodied in the constitution of this state, it is, never- 
theless therein held and declared to be "the duty of all men to worship 
the Supreme Being, the greatCreator and Preserver of theUniverse," 
and a statute law" requiring teachers to so worship, might perhaps be 
constitutionally enacted in that state. ( Const, of Conn., Art. 7, § 1.) 
19 



290 OFFICIAL AND JUDICIAL DECISIONS. 

Massachusetts. — In the constitution of this state it is declared 
to be " the duty of all men in society, publicly and at stated sea- 
sons, to worship the Supreme Being, the Great Creator and Pre- 
server of the Universe;" and that "the public worship of God, 
and instructions in piety, religion, and morality, promote the hap- 
piness and prosperity of a people, and the security of a republican 
government." {Const, of Mass., Art. 1, § 2; Id. Amend. Art. 11.) 
It would seem, therefore, that the teachers of Massachusetts might 
constitutionally be required not only to worship God, as in Con- 
necticut, but to do this "publicly and at stated seasons." The 
school committees are prohibited by statute from directing any 
school-books calculated to favor the tenets of any particular sect 
of Christians to be purchased or used in any of the town schools. 
(^Cren. Stat. tit. xi., ch. 38, § 27.) It seems, however, to be the 
settled policy of the state, to require the use of the Bible in the 
public schools ; in fact, since the statute of 1855, "the daily read- 
ing of some portion of the Bible, in the common English version" 
is made obligatory. 

Maine. — While, by the fundamental law of this state, no relig- 
ious test can be required as a qualification for any office or trust, 
It has nevertheless, been decided by the supreme court of the state, 
that a rule of school, requiring every scholar to read from the 
Protestant version of the Bible, may be enforced. (^Const. of 
Maine, Art. 1, § 3 ; 38 Maine, 376.) 

New Hampshire. — In this state the right to require of teachers 
certain tests In respect to religious concernments is clearly de- 
rived from Its constitution, which declares that, "As morality and 
piety, rightly grounded on evangelical principles, will give the 
best and greatest security to government, and will lay, in the 
hearts of men, the strongest obligations to due subjection ; and as 
the knowledge of these Is most likely to be propagated through a 
society by the Institution of the public worship of the Deity, and 
of public instruction in morality and religion ; therefore, to pro- 
mote these important purposes, the people of this state have a 
right to empower, and do hereby fully empower, the legislature to 
authorize, from time to time, the several towns, parishes, bodies 
corporate, or religious societies, within this state, to make adequate 
provision, at their own expense, for the support and maintenance 
of public Protestant teachers, of piety, religion,* and morality." 
{Const, of K H., Part 1, Art. 6.) 



OFFICIAL AND JUDICIAL DECISIONS. 291 

Vermont. — To a general declaration of religious liberty, the 
constitution of this state adds the following : " Nevertheless, every 
sect or denomination of Christians ought to observe the Sabbath 
or Lord's day, and keep up some sort of religious worship, which 
to them shall seem most agreeable to the revealed will of God." 
iChap. l.Art. 3.) 

New York. — The fundamental law of this state declares that 
*' The free exercise and enjoyment of religious profession and wor- 
ship, without discrimination or preference, shall forever be allowed 
in this state to all mankind." The New York school teacher, in 
common with all others, can insist upon enjoying the benefit of 
this constitutional provision ; but it behooves him, nevertheless, to 
bear in mind, under all circumstances, that he is the agent of the 
state, and must teach In the spirit of Its laws. He should never 
for a moment forget that his scholars are protected by the law 
equally with himself. While he may exact from his examiners 
and others, he must himself also exhibit the liberality and mag- 
nanimity in this respect that is proclaimed in the organic law of 
his state, or he is unfit for the vocation of public teacher, and he 
may be so declared. The state, however, so far as it can consist- 
ently with its organic law, and without prejudice to any, would 
foster piety in the citizen. Hence, it is not considered unlawful 
to open and close school wdth prayer and reading of the Scriptures, 
provided that all discussion of controverted points and sectarian 
dogmas be carefully avoided. (^Const. of N. Y., Art. 1, § 3; Ch. 
2, § 8, and Ch. 3, § 1.) 

Pennsylvania. — The constitution of this state asserts that 
" no preference shall ever be given, by law, to any religious estab- 
lishments or modes of worship ; " but adds, in the next section, 
that " no person who acknowledges the being of a God, and a 
future state of rewards and punishments shall, on account of his 
religious sentiments, be disqualified to hold any oflSce or place of 
trust or profit, under this commonwealth." While, therefore, in 
some states, as Rhode Island and New York, it would be uncon- 
stitutional to impose upon teachers any religious test whatever, in 
Pennsylvania, teachers might constitutionally be required' to ac- 
knowledge the belns: of a God, and a future state of rewards and 
punishments. In practice, however, the largest liberty of con- 
science in religious concernments is recognized and enjoined in the 
school aflfalrs of this state ; for it is there held that " church in- 



292 ornciAL and judicial decisions. 

fluence should never be permitted to swerve a director frotn the 
line of duty in the selection of teachers ;" and "the religious pre- 
dilections of pupils, and their parents and guardians, are required to 
be sacredly respected ; sectarian instruction not being considered 
the province of the school-master, but of the parent or guardian, 
and the spiritual teacher selected by him." Consequently, secta- 
rian works are excluded from the schools. But it is declared that 
"the Scriptvu'es come under the head of text-books," and they 
should not be omitted from the list. ( Const, of Pa.^ Art. 9, §§ 3 
and 4 ; Scliool Dee. Nos. 159, 162, 186 a7id 187.) 

Maryland. — The organic law of this state provides that " no 
other list or qualification ought to be required on admission to any 
office of trust or profit, than such oath of office as may be pre- 
scribed by this constitution or by the laws of the state, and a 
declaration of belief in the Christian religion ; and if the party 
shall profess to be a Jew, the declaration shall be of his belief in 
a future state of rewards and punishments." In order to carry 
out faithfully the spirit of these constitutional provisions, every 
teacher in Maryland should be a believer in the Christian religion, 
or, at least, in a future state of rewards and punishments. Per- 
sons who do not so believe should not be licensed, or, if any are 
already licensed, their licenses should be revoked. The examiners 
in that state may very properly inquire whether the candidates for 
licenses believe in the Christian religion or in a future state of re- 
wards and punishments, for such an inquiry is a part of their 
legitimate duty at the examinations. But they have no right to go 
further than the law requires. If, for example, an applicant for a 
certificate declares that he believes in a future state of rewards and 
punishments, or in the Christian religion, then he can be questioned 
no further on the subject ; or, if questioned, he may refuse to answer. 
If he says he believes in a future state of rewards and punishments, 
the law can require nothing more, for the Constitution prohibits 
any further test. ( Const, of Md., B. ofK, Art. 34.) 

North Carolina. — The constitution of this state contains the 
following remarkable provision: "No person who shall deny the 
being of God, or the truth of the Christian religion, or the divine 
authority of the Old or New Testament, shall be capable of hold- 
ing any office or place of trust or profit in the civil department 
within this state." Of course, no atheist or Jew, or disbeliever in 
the divine Inspiration of the Scriptures of both the Old and the 



OFFICIAL AND JUDICIAL DECISIONS. 293 

New Dispensations, can be legally employed to teach a public 
school in North Carolina ; and it is as much the duty of examin- 
ers in that state to question candidates for licensure as teachers, 
in respect to their religious beliefs and opinions, as in regard 
to their literary and scientific qualifications ; and to reject all 
applicants whose religious faith is not in harmony with the pre- 
scribed standard, as promptly as those who are found to be de- 
ficient in scholastic attainments. The constitutional provisions 
of North Carolina are more strict in respect to the religious prin- 
ciples of civil officers, than those of any other state in the union. 
QConst. of K C, Art. 4, § 2 0/ Amend.} 

Alabama. — The principles of religious liberty are enunciated 
in the constitution of this state with an iteration and reiteration 
that is remarkable : " No person within this state shall, upon any 
pretense, be deprived of the inestimable privilege of worshiping 
God in the manner most agreeable to his own conscience, nor be 
compelled to attend any place of worship ; nor shall any one be 
obliged to pay any tithes, taxes, or other rates, for the building 
or repairing of any place of worship, or for the maintenance of 
any minister or ministry. No human authority ought, in any case 
whatever, to control or interfere with the rights of conscience. 
No person shall be hurt, molested, or restrained in his religious 
profession, sentiments, or persuasion, provided he does not disturb 
others in their religious worship. The civil rights, privileges, and 
capacities of any citizen shall in no way be diminished or enlarged 
on account of his religious principles. There shall be no estab- 
lishment of religion by law, no preference shall ever be given by 
law to any religious sect, society, denomination, or mode of wor- 
ship ; and no religious test shall ever be required as a qualification 
to ajyr office or public trust under this state. Every citizen may 
speak, write, and publish his sentiments, being responsible for the 
abuse of that privilege." (Const, of Ala., Art. 1., §§ 3-8.) 

Arkansas. — The organic law of this state provides that the 
civil rights privileges or capacities of any citizen shall in no wise 
be diminished or enlarged on account of his religion. But no per- 
son who denies the being of a God shall hold any office in the civil 
department of this state, nor be allowed his oath in any court. 
( Const, of Ark., Art. 2, § 4 ; and Art. 8, § 3.) 

West Virginia. — Full religious liberty is guaranteed to the 
people by the constitution of this state ; but all teachers employed 



294 ornciAL and judicial decisions. 

in the public schools are required by law to read or cause to be 
read at least one chapter from the Bible, in a language understood 
by the scholars, every day at the opening of the school, and to in- 
culculate the duties of piety, morality, and respect for the laws and 
government of this country. The same discrepancy will be ob- 
served between the spirit of the organic law and the school enact- 
ments of this State, as occurs in some of the other states. [Const, 
of W. Va., Art. 2, § 9 ; School Laws, 1866, § 29.) . 

Indiana. — The people of this state have reserved to themselves 
full religious liberty, but the school laws provide that the Bible 
shall not be excluded from the public schools of the state. (Const, 
of Ind., Art. 1, §§ 2-7 ; Common School Laws, 1865, § 167.) 

Iowa. — The principles of religious liberty are asserted in the 
constitution of this state as broadly and emphatically as in that 
of any other ; while the school laws appropriately and consist- 
ently declare that the Bible shall not be excluded from any school 
or institution in this state, under the control of the board, nor 
shall any pupil be required to read it contrary to the wishes of his 
parent or guardian. {Const, of Lowa, Art. 1, §§ 3 and 4:. School 
Laws, 1864, ch. 8, § 1.) 

Wisconsin. — The constitutional provisions are the same in le- 
gal effect here as in Alabama. But the constitution of this state 
also provides, in reference to district schools, that " no sectarian 
instruction shall be allowed therein." This state and Kansas seem 
to be the only ones where the principles of religious liberty in 
connection with the public schools, are expressly recognized and 
defined in the fundamental law. (^Const. of Wis., Art. 1, §§ 18 
a7id 19, Art. 10, § 3.) 

California. — In this state, carrying out the spirit of a constitu- 
tional provision on this subject the same in legal effect as tkat of 
New York, the school law declares that no books, tracts, papers, 
catechisms, or other publications of a sectarian or denominational 
character shall be used or distributed in any school, or shall be 
made a part of any school library ; neither shall any sectarian or 
denominational doctrine be taught therein. (Const, of Cal., Art. 1, 
§ 4; Revised School Law, 1866, § 60.) 

Kansas. — No religious sect or sects shall ever control any part 
of the common school or university fund of the state. (^Gonst. of 
Kansas, Art. 6, § 8.) 

Constitutional provisions,' asserting the principles of religious 



OFFICIAL AND JUDICIAL DECISIONS. 295 

liberty, are contained in the organic laws of all the other states, 
excepting that of Louisiana, which is the only state whose consti- 
tution is silent on the subject. (Const, of H. J., Art. 1, §§ 3 mid 
4 ; Const, of Va., B. of E., § IG ; Const, of S. C, Art. 8 ; Const. 
of aa., Art. 4, § 10 ; Const, of Fla., Art. 1, § 3 ; Const, of Miss., 
Art. 1, §§ 3-7 ; Const, of Texas, Art. 1, §§ 3 and 4 ; Const, of 
Tenn., Art. 1, §§ 3 and 4:— Art. 9, § 2 ; Const, of Ky., Art. 13, §§ 5 
and 6 ; Const, of Ohio, Art. 1, § 7 ; Const, of Mich., Art. 4, §§ 39- 
41 ; Const, of 3Io., Art. 13, §§ 4 and 5 ; Const, of Oregon, Art. 1, 
§§ 2-7 ; Const, of 3Imn., Art. 1, §§ 17 and 19 ; Const, of Bel, 
Art. 1, §§ 1 and 2; Const, of La., tit. 6, Art. 106.) 

[The foregoing citations from the constitutional and legal pro- 
visions of the several states touching the principles of religious 
liberty, and their application to the control and management of 
public schools, are taken, by permission, from " The Lawyer in the 
School-Eoom," by M. McN. Walsh, A. M. LL.B. of' the New 
York Bar.] 

We have now seen that the principle of religious liberty pro- 
mulgated in the constitution of the United States, is affirmed and 
proclaimed, with various degrees of distinctness and comprehen- 
siveness, and under almost every possible form of language, in the 
constitutions of all the states of the union, save one ; that, with 
unimportant exceptions, the laws of all the states, including those 
in relation to public schools, are all framed, expounded and admin- 
istered in harmony with the letter and spirit of their respective 
organic laws or constitutions ; and that wherever the school laws 
of a state are silent on the subject of religion and religious observ- 
ances, the fundamental law is taken as the guide in the administra- 
tion and management of the school system of such state. 

In the light shed upon the subject by this examination, we are 
prepared to consider the rights, powers, and duties of teachers, 
school officers, and parents, under the free school system of Illinois. 
If the subject of religious or devotional exercises in the public 
schools were treated of or defined in the school laws of the state, 
we might assume that those laws were not inconsistent with the 
organic law of the commonwealth, and confine ourselves to a 
simple examination and interpretation of the intent and meaning 
of the statutes themselves. But the subject under advisement is 



296 OFFICIAL AND JUDICIAL DECISIONS. 

not mentioned or in any manner referred to In the school laws of 
this state. But all the laws of a state must be made and executed 
in accordance with the letter and spirit of its constitution, for that 
is the fui^damental law, and contains the principles upon which 
the government of the state is founded. The subject in hand 
must, therefore, be viewed, and the boundaries of right and wrong 
determined in the light of the principles enunciated in the organic 
law of the state. What are those principles? In the thirteenth 
article of the constitution of Illinois it is asserted and declared as 
follows : 

§ 3. "That all men have a natural and indefeasible right to 
worship Almighty God according to the dictates of their own 
consciences; that no man can, of right, be compelled to attend, 
erect, or support any place of worship, or to maintain any min- 
istry, against his consent ; that no human authority can. In any 
case Avhatever, control or Interfere with the rights of conscience; 
and that no preference shall ever be given by law to any religious 
establishment or modes of worship." 

§ 4. " That no religious test shall ever be required as a quali- 
fication to any office of public trust under this state." 

Eelying upon the principles of religious liberty, and the rights 
of conscience, thus broadly and grandly promulgated in the fun- 
damental law of the state, the legislature has never deemed it 
expedient or necessary to prescribe or define In the school laws, 
what particular acts, rules, or regulations would be in accordance 
with the letter and spirit of the constitution, and what would be 
inconsistent therewith; but has preferred, wisely it is believed, 
to leave teachers and school officers to conduct the schools of the 
state in such a way, and to adopt such measures in respect to the 
moral and religious Improvement of the pupils as to them may 
seem best, subject to the conditions and requirements of the fun- 
damental law. 

Here is a rule of action as definite as it is practicable to make 
it, and yet comprehensive and flexible, perfectly adapted to the 
circumstances and sentiments of every school community. The 
constitution of the state neither requires nor forbids the reading 
of the Bible, or prayer, or any other form of religious or devo- 
tional exercise in school, and the school laws are entirely silent on 
the subject. The spirit of the constitution in this regard is per- 
missive, not mandatory, and the same spirit should actuate and 



OFFICIAL AND JUDICIAL DECISIONS. 297 

control the conduct of teachers and school authorities. While the 
larf^est freedom is granted to both, they are yet both amenable 
in their action to the paramount rule "that no human authority 
can, in any case whatever, control or interfere with the rights 
of conscience." Not even the legislature could require of teachers, 
directors or parents, anything in conflict with that declaration, 
or, if such a law were enacted, it would certainly be declared void 
by the supreme court. Much less can a board of directors require 
of a teacher, either by prohibition or command, anything that he 
cannot conscientiously do; and a like restriction rests upon the 
teacher in his dealings with his pupils and their parents — other re- 
quirements may be enforced, but into the domain of conscience, 
none may enter. 

Guided by these principles, there need be no doubt as to the 
proper course to pursue in any given case. Whatever is enjoined 
or forbidden, in respect to religious concernments, by directors or 
teachers, must be subject to the emphatic declaration of the or- 
ganic law touching the inviolability of conscience. Hence, while 
it is most fit and commendable for a teacher to open his school by 
devoutly reading a brief portion of the Sacred Scriptures, and by 
humbly seeking the blessing of God in a few words of prayer, he 
may, nevertheless, decline to do so, if incompatible with the 
promptings of his conscience ; and for so declining he could not 
be discharged, or in any way molested, being warranted in his 
course by the fundamental laAV. Being a matter over which the 
directors have no authoritative control, they may signify their 
wishes to the teacher, but nothing more ; should they go further 
he may refuse to obey a command which they have no legal or 
moral right to enforce. And if, on the other hand, a teacher feels 
it to be his duty to read from the Bible, or offer prayer, at the 
opening of school, it is his privilege to do so, even if contrary to 
the wishes of the directors, and for so doing he cannot be dis- 
charged or molested — it is a sacred personal right of which he 
cannot be deprived. And all of the scholars who choose, or 
whose parents approve, may be present and participate in the 
reading and worship. In the case, however, of such a conflict 
between the opinions and wishes of the teacher and directors, the 
latter might, it is held, require that the moments of devotion be 
not taken from the regular school hours, but that the exercise be 
attended to either before school, or after its close. The powers 



298 ornciAL and judicial decisions. 

conferred upon directors by the forty-eighth section of the act, 
would seem to warrant their interference to the above extent, if 
they saw fit, but no further. It would remain for the teacher to 
judge in such a case, whether the interests of the school would 
best be subserved by insisting upon, or waiving his rights in the 
premises. 

The same principles apply to pupils, and to their parents or 
guardians ; their rights of conscience must be equally respected. 
No scholar can be required to read the Bible in school, as a re- 
ligious exercise, or to attend prayer, or participate in any other 
form of worship or devotion, contrary to the expressed wishes of 
his parent or guardian. If objection is made on the ground of 
" conscience," it is a right with which " no human authority can, in 
any case whatever, interfere." For the same reason, the children 
of Protestants cannot be compelled to read from the Douay, or 
Catholic, version of the Bible, if their parents or guardians object ; 
nor can the children of Catholics be forced to read from the com- 
mon Protestant version, against the wishes of their parents or 
guardians. It follows, of course, that no pupil of any common or 
public school in this state, can be expelled, suspended, or other- 
wise punished, for declining to read the Bible, or any particular 
version thereof, as a religious exercise ; or for declining to engage 
or participate in, or be present at, any formal act or service of re- 
ligious worship or devotion, if in so declining he acts in accordance 
with the intelligent convictions of his own conscience, or in com- 
pliance with the expressed desire of his parent or guardian. For, 
the right of directors and teachers to inflict penalties for the non- 
observance of their rules, is conditioned upon the legality or allow- 
ableness of the rules themselves. A school regulation not war- 
ranted by law, and that is contrary to the letter and spirit of the 
constitution, cannot be enforced. 

In some of the other states, as we have seen, in Maine, Massa- 
chusetts, and West Virginia, for example, teachers and scholars 
can be compelled by law to read the Bible daily, in the common 
version, and to conduct or take part in other religious exercises. 
The laws of those states so provide, and their highest courts have 
so ruled. But it is not so in Illinois ; we have no statute laws on 
the subject of religion in school, and our judicial rulings, in that 
respect, have always been in harmony with the letter and spirit of 
the state constitution. 



OFFICIAL AND JUDICIAL DECISIONS. 299 

What has been said in respect to the bearings of the organic 
law upon the reserved rights of school directors, teachers, pupils, 
parents and guardians, in religious concernments, applies also to 
the character of the instructions given by teachers, and to the text- 
books, etc., used in the schools. The spirit of the constitution, 
and the nature and objects of the public school, alike require that 
these should be free from whatever might justly be deemed ofFen- ^ 
sive to the particular denominational or sectarian tenets of any 
portion of the community. That which cannot be done directly 
should not be done indirectly. Neither directors nor teachers 
can obtrude or force their private doctrinal opinions upon the 
pupils. On these points, too, our school laws are written in blank, 
but if the spirit of our fundamental law were embodied in statutory 
form, it would doubtless adopt, substantially, the language of the 
school law of California, which asserts that " no books, tracts, 
papers, catechisms, or other publications of a sectarian or denomi- 
national character shall be used or distributed in any school, or 
shall be made a part of any school library ; neither shall any sec- 
tarian or denominational doctrine be taught therein." (^Revised 
School Laivs of Cal, 1866, § 60.) 

The bearing of this discussion upon the rights and duties of 
parties in the examination of teachers, hardly needs to be stated. 
Teachers in this state can be questioned and inquired about, in re- 
spect to their moral character, in the ordinary acceptntion of that 
phrase, but no inquisition whatever can be made into their particular 
religious opinions and beliefs ; or if so questioned, they may refuse 
to answer. And if the county superintendent, or board of examin- 
ers, should find the applicant to be of unblemished morals, and of 
suitable scholastic attainments, a license could not be refused on the 
ground of his holding or discarding any peculiar religious views, or 
for refusing to answer any questions in relation thereto ; for " no 
religious test shall ever be required as a qualification to any office 
of public trust under this state." ( Const, of III., Art. 13, § 4.) 

The true intent and spirit of our fundamental law in respect to 
religion and religious observances in the schools of the state is cor- 
rectly epitomized in the following sentence, already quoted from 
the school laws of Iowa : " The Bible shall not be excluded from 
any school or institution in this state, nor shall any pupil be re- 
quired to read it contrary to the wishes of his parent or guardian." 
(^School Laws, Iowa, 1866, ch. 8, § 1.) By acting in the spirit of 



300 OFFICIAL AND JUDICIAL DECISIONS. 

tills sentence, our teachers and school officers cannot go far astray ; 
while any willful infraction of it is sure to be regarded with jealousy, 
and to result in more harm than good. 

In respect to this whole matter, the voluntary principle is the 
only one that is either safe or warrantable. Probably not one 
school director, teacher, pupil, parent or guardian in a thousand, 
does or will object to the opening of school by reading from the 
Sacred Scriptures, with prayer, or some other simple and becom- 
ing religious exercise. I rejoice to believe that this is true, 9,nd 
that in the great majority of our ten thousand district schools, the 
God of Heaven is reverently acknowledged. But when objection 
is conscientiously made to such acts and forms of worship in school, 
the opinions and wishes of the parents should be respected, and 
their children quietly excused from jaarticipating in the exercises. 
Such forbearance and charity is not only accordant with and re- 
quired by the spirit of the supreme law of the state, but is also 
infinitely more likely to soften prejudice, disarm opposition, and 
thus secure the end desired, than any attempt at coercive meas- 
ures. A public school-room is not the proper forum for contro- 
versy in religious matters, nor are schools or scholars ever benefited 
by such disputations. The history of such disputes in or about the 
public schools, whenever and wherever they have taken place, is 
conclusive upon this point — it has ever been a history of strife 
and bitterness, from which manifold evils have resulted, while no 
compensating advantages have been secured. 

This is an imj)ortant subject. I have endeavored to examine it 
carefully and impartially, and to define as clearly as possible the 
principles by which teachers and others should be governed in 
their practical dealings with this question. It is better that all 
concerned should know the law, and understand the limits within 
which it is their province to act in particular cases. I have con- 
sidered the subject solely from an official stand-point, and in the 
light of constitutional and statute law, and the conclusions reached 
are believed to be sound. The object is not to deter teachers from 
reading the Scriptures and prayer in school, far from it, but simply 
to state the grounds upon which the practice rest^, and to indicate 
the line of duty when opposition is made. The right of teachers 
to open their schools in that way, when no objection is made, is 
most unquestionable. 

My private views and opinions on this subject are well known, 



OFFICIAL AND JUDICIAL DECISIONS. 301 

and it may not be deemed improper to re-affirm them here. I 
hold that it is irrational and dangerous to ignore the moral and re- 
ligious natures of children in the work of education — that the 
Bible and the God of the Bible should be acknowledged and hon- 
ored in every school — and that it is the solemn duty of the state, 
so far as it consistently can, and without prejudice to any, to rec- 
ognize and honor the Christian religion, and to foster piety in the 
citizen. (^Slxih Biennial Report, III. 1866, pp. 180-195.) 

" In all our public schools the principles of morality should 
be copiously intermingled with the principles of science. Cases 
of conscience should alternate with lessons in the rudiments. The 
multiplication table should not be more familiar nor more fre- 
quently applied than the rule : Do to others as we would that 
they should do unto us. The lives of great and good men should 
be held up for admiration and example ; and especially the life 
and character of Jesus Christ, as the sublimest pattern of benevo- 
lence, of purity, of self-sacrifice, ever exhibited to mortals. In 
every course of studies, all the practical and preceptive parts of 
the Gospels should be sacredly included ; and all dogmatical the- 
ology and sectarianism sacredly excluded. In no school should 
the Bible be opened to reveal the sword of the polemic, but to un- 
loose the dove of peace." 



PART III. 

Forms of School Instrn- 
nients. 



By general request I subjoin Forms of the principal instruments 
required by the school law, which, it is believed, will be found con- 
venient and useful, and contribute toward greater uniformity and 
correctness in the transaction of financial and general school busi- 
ness. Those instruments upon which the safety of the public funds 
depends, such as bonds, mortgages, notes, etc., are drawn with 
particular care and fullness, and are believed to be all that is re- 
quired by existing statutes. Some of them are lengthy, and 
technical, but not too much so to guard against the various pleas 
and defences that may be set up by persons seeking to evade their 
obligations. It is some trouble, to be sure, to school officers, to 
prepare papers of such length and formality, but much less than 
it would be to prosecute or defend a suit upon insufficient or care- 
lessly drawn instruments. A few lines, more or less, may save 
the school fund, or prevent a lawsuit. " Form is not law, but law 
is form," and due attention to this maxim is the easiest way to 
secure the prompt payment of money due, and the faithful per- 
formance of duties imposed or obligations incurred. In the instru- 
ments of a different character, where technical fullness and exact- 
ness of statement are not essential, the greatest conciseness and 
brevity have been aimed at. I need not say that the literal use of 
these Forms, or any of them, or of any particular set of Forms, is 
not essential to the validity of a school instrument, or of any other 
instrument, unless the statute prescribes and requires some specific 
Form. Any Form may be used, which is not contrary to law, 
and which clearly expresses the intention of the parties. In this 
sense, the annexed Forms are only advisory. But as they are all 



304 FORMS OF SCHOOL INSTRUMENTS. 

believed to be good and sufficient, their use is recommended, unless 
letter ones are substituted. The Forms are arranged in the same 
order as the decisions, beginning with those pertaining to county- 
superintendents, and continuing through the successive gradations 
of officers ; while, for convenience of reference, they are numbered 
consecutively to the end. In some of the instruments, many blanks 
are necessarily left t;o be filled, to meet the varying circumstances 
of each case — in others, but little is left to be supplied. The course 
proper to be pursued is sufficiently indicated in all cases. Especial 
care is recommended in calling and conducting school elections, 
whether to vote for officers, or on questions of school policy. In 
all such meetings, the prescribed formalities should be carefully 
observed, and the returns promptly made. The books of every 
township and district should also show a record of the proceed- 
ings and results of every school election. The section of the act 
requiring the instrument is noted opposite the title of each Form, 
and below each one it is stated whether the instrument is subject 
to or exempt from stamp duty, and when a stamp is required the 
amount is also given. 

1. RECEIPT TO COUNTY SUPERINTENDENT. [§ 16.] 

$ Illinois, 18.. 

Received of , county superintendent of county and state of Illinois, 

the sum of TiJir dollars, this being the amount due from said county superin- 
tendent to township No , range , in said county. 

[Exempf] Township Treasurer. 

2. NOTE TO COUNTY SUPERINTENDENT. [§ 16.] 
$ 18.... 

after date, for value received we jointly and severally promise to pay 

to , county superintendent of county, and to his successors in office, 

for the use of tlie inhabitants of said county, the sum of dollars, and interest 

thereon, at tlae rate of per cent, per annum, from date until paid, payable semi- 
annually in advance. And we further agree to give any additional security which 
said county superintendent may at any lime require; and no extension of the time of 
payment, with or without our knowledge, by the receipt of interest or otherwise, 
shall release us or either of us from the obligation of payment. 

[See schedule stamp duties.'] [seal.] 

[seal.] 

[seal.] 

3. certificate of county superintendent in appeals. [§ 20.] 

Of|ice OP County Sup't, ) 

County, 18., f 

To , State Supt. Fuh. Inst. : 

Sir : I transmit, herewith, a full and correct statement of the facts, and the docu- 
mentary evidence presented to me, in the case of vs , together with my 

deeision_ thereon, from which, appeal has been taken to the state departmeift. 

I certify that the accompanying statement is correct, to the best of my knowledge 
and belief. 

[Exempt] County SupH, '. 'bounty. 



FORMS OF SCHOOL INSTRUMENTS. 305 

4. renewal op teacher's certificate. [§ 50.] 

Office of County Sdp't, | 

Countj ,18.. f 

The within certificate is hereby renewed, and will be good and valid in this county 

during . . year . . from the date hereof. 

[Ikixmpt.'\ County Sup't County. 



5. eevocatiok of certificate. [§ 50.] 

Office op County Sup't, ) 
'. . . County, , 18. . J 

In virtue of the authority conferred by the 50th section of the amended school law 
of 1865, and for good and sufficient cause to me appearing after careful investigation, 

and in the belief that the public good and official duty alilce require it, J, 

county superintendent of schools of county, state of Illiuois, do hereby re- 
voke and cancel the certificate of , a teacher, now of the county and state 

aforesaid. Said certificate bears date 18. ., being of the grade, and 

signed by , couuty superintendent of said county. From and after the date 

hereof no public school funds can lawfully be paid to the said , for his ser- 
vices as teacher, until he shall again become the possessor of a legal certificate. All 
Bch(;ol officers, and the public, will take due notice hereof, and govern theuiselves ao- 
cordingly. 

Dated this day of 18 . . 

[Exempt] County Superintendent County. 

[The foregoing form of revocation may be used when the teacher refuses to deliver 
Dp his certificate, and publicity is required. In other cases, where the cause or 
offence is not flagrant, and the instrument is quietly surrendered on request of the 
superintendent, none but the parties immediately concerned need be apprised of the 
transaction.] 



6. MORTGAGE BY HUSBAND AND WIFE TO COUNTY SUPERINTENDENT. [§ 19.] 

This indenture, made this day of , A. D. 18. ., between A. B., and C. D., 

wife of the said A. B , party of the first part, and E. F., county superintendent of 

schools of the county of and his successors in office, party of the second part, 

Witnesseth: That the party of the first part, for and in consideration of the sum of 

dollars, to them in hand paid by the party of the second part, the receipt 

whereof is hereby acknowledged, have bargained, sold, aliened, released, conveyed 
and confirmed, and by these presents do bargain, release, sell, convey and confirm unto 
the said party of the second part, forever, all that certain tract of land known and 
described as follows to wit: [Here insert description of land.] Together with all the 
tenements, hereditaments and appurtenances thereunto belonging or in anywise apper- 
taining, and also all the estate, right, title and interest, dower and right of dower, 
property possession, claim and demand whatsoever, of the said party of the first part. 

And ior the consideration aforesaid, the party of the first part hereby waives and 
releases, confirms and transfers, and forever relinquishes to the said party of the sec- 
ond part, all right, interest or title they now have or may hereafter acquire, in and to 
the real estate hereinbefore described, by virtue of a law of the state of Illinois, ap- 
proved February 11th, A. D. 1851, entitled "An act to exempt homesteads ffom sale 
on execution," and all laws amendatory thereof; to have and to hold the above men- 
tioned and described premises, with the appurtenances thereunto belonging, unto the 
8aid"party of the second part, forever. 

This. conveyance is intended as a mortgage to secure the payment of the sum of 

dollars in .... years from the date hereof, together with interest at the rate 

of . .per cent, payable semi-annually in advance, according to the condition of a cer- 
tain promissory note bearing even date herewith, executed by the said A. B. to the 
said party of the second part; and these presents shall be void if such payment be 
made. But in case default shall be made in the payment of the principal or interest, 
20 



806 



FORMS OF SCHOOL INSTRUMENTS. 



or any part thereof, at the time and in the manner that the same shall become due and 
payable by the terms of these presents, as above provided, then the party of the sec- 
ond part is hereby empovi^ered to sell the premises above described, with all and every 
of the appurtenances, or any part thereof, in the manner prescribed by law, and out 
of the money arising from such sale to retain the said principal and interest, together 
with the costs and charges in making such sale, and the overplus, if any there be, 
shall be paid by the party making such sale, on demand, to the party of the first part, 
tlieir heirs or assigns. And the said A. B., for himself, his heirs, executors and ad- 
ministrators, doth covenant and agree to pay unto the said party of the second part, 
tlie said sum of money and interest as above mentioned and as expressed in the cour 
ditions of the said note. 

In witness whereof the party of the first part have hereunto set their hands and 
seals this .... day of a. d. 18 . . . 

\_See schedule stamp dutise.^ A. B. [seal.] 

C. D. [seal.] 

State of Illinois, ) 
County. ) 

Before me, the undersigned, , within and for the county aforesaid, came 

, who .... personally known to me as the real person. . by whom and in 

whose name the above conveyance was executed, and by whom and in whose name 
tiie same is proposed to be acknowledged, and who then severally acknowledged 

signatures thereunto to be free and voluntary act and deed, for 

the purpose of waiving and releasing all right, title and interest in and to said land 
by virtue of the homestead exemption laws of said state, and for all other purposes 

therein expressed ; and the said , being by me first examined separate and 

apart from her said husband, and the contents of said conveyance being first mads 
known to her, acknowledged that freely and voluntarily, without any compulsion or 
coercion from her said husband, she executed the same and forever released and 
waived all right, interest, or title to the said real estate, by virtue of the homestead 
exemption laws of said state, relinquished all her right to the claim of dower in and 
to the lands and tenements in said conveyance described, and sold, transferred, and 
conveyed all her title in fee simple or right by inheritance in and to the real estate 
aforesaid, and that she does not wish to retract the same. 

Given under my hand and seal this .... day of . . . ., A. D, 18. .. 



1. magistrate's report to county superintendent. [§ 82.] 

Report of the docket of , Justice of the Peace, in township . . . ., range 

county of , state of Illinois, made on the . . day of , 18. .. 



Names of persons 
fined. 



Date of 
fine. 



Amount 
of fine. 



Amount 
Collected. 



Am't transmitted 
to county sup't. 



Name of ofiBcer. 



[Exempt] 

To , County SupH. 



..., J. P. 



i 



State of Illinois, ) 

County. \ I, , on oath, say that the above statement 

by me rendered, is correct, and includes all moneys belonging to the school fund, since 
my last report, (or, if recently come into office, — since the beginning of my term of 
office.) This day of ,18... , J. P. 



[The party making this report, being himself a justice of the peace, it is deemed 
sufficient for him to vouch for its correctness on his own official oath as a magistrate.] 



FORMS OF SCHOOL INSTRUMENTS. 307 

8. superintendent's account against county for services. [§ 71.] 

,18... County, 

To Dr. 

For days of service rendered as county superintendent of schools, at 

$5.00 per day, $ 

I, , on oath, state that the above account by me rendered against 

county, is correct and true. , 

Sup't Schools, said county. 
Subscribed and sworn to before me this ) 

day of , A. D. 18... f 

lExempt.] 



9. mortgage to trustees. [§ 58.] 

This indenture, made this .... day of , A. D. 18. ., between A. B. and G. 

D., wife of A. B.. party of the first part, and the board of trustees of township . . . ., 

range . . . ., in the county of and state of IlHnois, partj' of the second part, 

Witnesseth : Tliat the party of the first part do hereby grant, convey and transler to 
the party of the second part, for the use of the inhabitants of said towusliip, the fol- 
lowing described real estate, to- wit: [Ilere insert description of j^remises.^ Which 
real estate, the party of the first part declnres to be in mortgage for the payment of 
dollars loaned to the party of the first part, and for the payment of all inter- 
est that may accrue thereon, to be computed at the rate of . . per cent, per annum, 
payable semi-annually in advance, until paid; and the party of the first part does 

hereby covenant to pay the said sum of money in years from the date hereof; 

and the party of the first part hereby covenant that they have a good and valid title to 
said estate, and that the same is free from all incumbrance; the party of the first part 
agrees to pay all taxes and assessments which may be levied on said estate ; and they 
also agree to give any additional security that may at any time be required by the 
party of the second part; and if said estate be sold to pay said debt, or any part 
thereof, or for any failure or refusal to comply with or perform the conditions or cov- 
enants herein contained, the party of the first part agrees to deliver immediate pos- 
session of the premises. And for the consideration aforesaid, the party of the first 
part hereby waives and releases, confirms and transfers, and forever relinquishes to 
the said party of the second part, all right, interest or title tliey now have, or may 
hereafter acquire, in and to the real estate hereinbefore described, by virtue of the law 
of the state of Illinois, approved February 11, 1851, entitled 'An act to exempt 
homesteads from sale on execution," and all laws amendatory thereof. And in con- 
sideration of the premises, C. D., wife of the said A. B., doth hereby release to the 
said party of the second part all her right and title to dower in the aforesaid premises 
for the purposes aforesaid. 

In witness whereof the party of the first part have hereunto set their hands and 
seals, this .... day of . . . ., A. D. 18 . 

[See Schedule Stamp Duties.] A. B. [seal.] 

C. D. [seal.] 

State of Illinois, [ 

County. ) 

Before me, the undersigned within and for the 

county aforesaid, came , who .... personally known to me as the real person, 

by whom and in whose name the above conveyance was executed, and by whom and 
in whose name the same is proposed to be acknowledged, and who then severally ac- 
knowledged .... signature thereto to be .... free and voluntary act and deed for 
the purpose of waiving and releasing all right, title and interest in and to said land 
by virtue of the homestead exemption laws of said state, and for all other purposes 
therein expressed ; and the said .... being by me first examined separate and apart 
from her said husband, and the contents of said conveyance being first made known 
to her, acknowledged that freely and voluntarily, without any compulsion or coercion 
from her said husband, she executed the same, and forever released and waived all 
right, interest or title to said real estate, by virtue of the homestead exemption laws 
of said state, relinquished all her right to the claim of dower in and to the lands and 



308 FORMS OF SCHOOL INSTRUMENTS. 

tenements in said conveyance described and sold, transferred and conveyed all her 
title in fee simple or right by inheritance in and to the real estate aforesaid, and that 
she does not wish to retract the same. 

Given under my hand and seal this day of , A. D. 18. .. 

[seal.] 

10. TOWNSHIP TBEASURER'S BOND. [§ 55.] 

State of Illinois, ) 
County. ■ ) ' 

Know all men by these presents, that we, A. B., C. D., and E. P., are held and 

firmly bound, jointly and severally, unto the board of trustees of township , 

range , in said county, in the penal sum of dollars, for the payment of 

which we bind ourselves, our heirs, executors, and administrators, jointly and sever- 
ally, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this day of 

, A. D. 18... 

The condition of the above obligation is such, that if the above bounden A. B., 

township treasurer of township , range , in the county aforesaid, shall 

faithfully discharge all the duties of said office, according to the laws which now are 
or may hereafter be in force, and shall deliver to his s-uccessor in office all moneys, 
books, papers, securities, and property in his hands as such township treasurer, then 
this obligation to be void ; otherwise to remain in full force. 

[Stamp, One Dollar.} A. B. [seal.^ 

C. D. [seal.' 

Approved and accepted by E. P. [seal." 

G. H. ^ 
I. J. > Trustees. 
K. L. ) 

11. semi-annual exhibit to directors. [§ 63.] 

In compliance with the requirements of section 63, of the amended school law of 

1865, the undersigned, treasurer of township , range , in county, 

hereby certifies that the following is a true and correct statement of the amount of 
funds now in his hands, belonging to district Islo , in said township, viz: 



Amount of state and county fund. . . . 
" " interest on township fund. 
" " district tax fund 



Dated this day of A. D. 18, .. 

[Exempt.} Township Treasurer. 

12. RECEIPT TO TOWNSHIP TREASURER. [§ 67.] 

Received 18 , of the treasurer of township , range 

, county of , the sum of dollars, on account of district 

No. . . ., township , range , in the county of 

[Two cents, when over $20.] 

I 

13. TOWNSHIP ELECTION NOTICE. [§ 25.] 

Notice is hereby given, that on Monday, the . . . day of , next, at , 

in township No , range > . . ., county. Illinois, an election will be held 

for .... school trustee . . . ., for said township. Which election will be opened at . . 
o'clock, . . M., and will continue open until . . o'clock, . . M., of the same day. 

By order of the trustees of schools of said township. 

, Township Treasurer. 

Dated .,,., 186... 



FORMS OF SCHOOL INSTRUMENTS. 



309 



14. POLL BOOK. [§ 30.] 

List of voters at an election held at , in township No , range No. 

county, Ilhnois, on Monday, the . . . day of . . . ., 18. . . 

State of Illinois, 

County. 

"We, , , , judges, and , clerk, do solemnly 

Bwear that we will perform the duties of judges and clerk, according to law and the 
best of our abilities; that we will studiously endeavor to prevent fraud, deceit and 
abuse in conducting; the same. 



|- ss. 



■ Judges of Election. 
., Clerk of Election. 
Subscribed and sworn to before me this . . . day of , 18. 



No. 



Names of Voters. 



15. TALLY LIST. [§ 30.] 

Tally list of an election held at , in township No , range No , 

In the county of , 111., for school trustee for said township, on the day 

of 18... 



Names of persons voted for. 



Tallies. 



16. RETURNS OF TOWNSHIP ELECTION. [§ 30.] 

At an election held at , in township No , range No , in the 

county of , Ills., on the day of , 18, ., the following persons re- 
ceived the number of votes set opposite to their respective names, for the office of 
Bchool trustee of said township : 



Names of persons voted for. 



Whole number of votes cast for each person. 



Certified by us, 
Attest, 



Clerk of Election. 



Judges of Election. 



11. NOTE TO township TREASURER. [§ 57.] 

$ 18.. 

after date, for value received, we, jointly and severally, promise to 

pay to the board of trustees of schools of township , range in the 

county of , for the benefit of the inhabitants of said township, the Bum 



310 FORMS OF SCHOOL INSTRUMENTS. 

of dollars, with interest thereon, at the rate of ... . per cent, per annum, 

from date until paid, payable semi-annually in advance. J^nd we further agree to 
give any additional security which said tiui^tees may at any lime require; and no ex- 
tension of tlie time of payment, with or without our knowledge, by the receipt of 
interest or otherwise, shall release us or either of us from the obligation of payment. 



[See No. 21, Schedule Stamp Duties.'] 



18. SEMI-ANNUAL STATEMENT TO TRUSTEES. [§ 63.] 

As required by the 63d section of the amended school law of 1865, the under- 
signed, treasurer of township , range , county, herewith 

lays before the board of trustees of said township, a true and correct statement of 
the amount of mterest, rents, issues and profits that have accrued on the lands and 
funds of said township since the last semi-annual meeting, together with the present 
condition of said funds, and the amount now on hand, viz : 

Amount of interest on township fund, received $ 

" " rents on township lands, received 

" " state fund on hand 

" " interest on county fund on hand 

[Add other items as the ease may require.] 

Dated this day of , A. D. 18 . , . 

[Exem;pt.'\ ... Totvnship Treasurer. 



19. CERTIFICATE OF TOWNSHIP MAP. [§ 33.] 

In compliance with the requirements of the 33d section of the amended school law 
of 18G5, the undersigned, president and clerk of the board of township trustees of 

schools, of township , range , in county, Illinois, do 

hereby certify that the accompanying map is a true and correct plat of the school 
districts in said township, as now organized. 

Dated this day of ., A. D. 18 . . 

, Clerk. , President of the hoard. 

[Exempt.^ 

20. directors' bond for BORROWED MONET. [§ 4*7.] 

Know all men by these presents, that school district, Ko , in township No. 

. . . , range No , in county, state of Illinois, is indebted unto 

in the sum of dollars, for money borrowed, according to the instructions of 

the voters of said district, expressed by a vote as prescribed by the forty-seventh 
section of the school law of 1865. to be paid in .... year. . from date, with interest 
thereon from the date hereof, at the rate of ... . per cent, per annum, interest payable 
annually. 

Dated this day of , 18. . . 

In witness whereof, we, the school directors of said district have hereunto set our 

hands and seals. [seal.] 

[seal.] 

[Exempli [seal ] 

21. DISTRICT election NOTICE. [§ 42.] 

Notice is hereby given, that on Monday, the .... day of 18. . ., an 

election will be held at , in school district No. . . . township , 

range . . . ., county of ........ and state of Illinois for the purpose of electing .... 



FORMS OF SCHOOL INSTRUMENTS. 311 

school director. . for said district. The polls will be opened at o'clock . . . 

M., and closed at o'clock . M., of the same day. 

Dated this .... day of , 18 . . . . 



School Directors. 



[Notices of meetings to vote on various business questions may be in substantially 
the same form, except that such meetings are not jequired to be held on Monday, but 
may be held on any other day of the week. The various questions to be voted on 
should be clearly stated, and it is recommended that each question or proposition be 
voted upon separately. The poll book, tally list, and returns of district elections are 
Bubstantially the same as of township elections, forms for which have already been 
given.] 

22. directors' tax certificate. [§ 44.] 

"We hereby certify, that we require the rate of to be levied, for school 

purposes, on all the taxable property of our district, for the year 18. . . ., and also 
that the following is a list of tax-payers in said district. 

) Directors of District No 

^T....,B , Counti/ of 

' Dated 18 ... . . . . ., ) a}id state of Illinois. 

\_Exempt.'] 

[The foregoing certificate must be returned to the township treasurer on or before 
the first Monday of September, and to it there must be attached a list of the tax- 
payers of the district, with the names written out in full, and in alphabetical order.] 



23. ORDER ON TOWNSHIP TREASURER. [§ Gt.] 
$ .... 18 ... 

The treasurer of township , range . . . ., in the county of . . , will pay 

to or order, out of any funds in his hands belonging to district No. . . . , 

township , range . . . ., in said county, and not otherwise appropriated, the 

sum of ........ dollars, [Here insert for what the money is paid.'\ 



, >• Directors of said district. 

[^Exempt.'] ) 

[It is safer to make the money payable to order instead of bearer. On receiving the 
money the payee will endorse his name on the order.] 



24. PERMIT OP TRANSFER. [§ 35.] 

Consent is hereby given for and , etc., being residents of dis- 
trict No , township , range , county, and of lawful 

school age, to attend the free school taught in district No , township . . . ., range 

county, until the .... day of , A, D. 18 ... . 

Dated this, . .".day of , A. D. 18 

Directors of Dist. No. . . \ Directors of Dist. No. . . 

T. . .JR. . .county of. . . , > T. . .R. . . county of. . . . 

and state of Illinois. ) and state of Illinois. 

[Exempt.} 

[The permit should first be signed by the directors of the district where the pupils 
reside, and then by the other directors — one form will thus answer for both.] 



S12 FORMS OF SCHOOL INSTRUMENTS. 

25. CONTRACT BETWEEN TEACHER AND DIRECTORS. [§§ 48, 50, 52.] 

Article of agreement between , a school teacher, of county, 

Illinois, and the school directors of district No , township No , range No. 

. . . ., county of , Illinois. 

The said hereby agrees to teach the public school in said district for 

the term of weeks, commencing on the .... day of , 18 . . ., and that 

will faithfully instruct and impartially govern the children and youth who may 

attend the same ; that will refrain from all profanity and improper conduct 

while in their presence ; will institute no cruel or unusual punishment, and will 
promptly report to the directors aforesaid, or their successors in office, all scholars 
who may be guilty of refractory or incorrigibly bad conduct. 

The said further agrees that he will strictly conform to the rules and 

regulations established by said board of directors for said school, and will faithfully 
perform all the duties required of a teacher by the provisions of sections fifty, fifty- 
two and fifty-three of the school law. 

The said school directors as aforesaid, for themselves and their successors 

in office, in the name and in behalf of the district aforesaid, hereby agree to keep the 
■ school-house in which said school is to be taught, in good repair, and to see that it 
is furnished with the necessary fuel and appendages for the comfort and convenience 

of the teacher and pupils, and to pay the said for services as teacher, the 

sum of dollars per month, of four weeks, of school days, of hours 

each: Provided, That in case the said should be dismissed from said school 

by the said directors, or their successors in office, for incompetency, cruelty, negligence, 

immorality, or a violation of any of the stipulations of this contract, or in case 

certificate should be revoked by the county superintendent, shall not be en- 
titled to compensation after such dismissal or revocation. 

In Ttstimony Whereof, We have hereunto subscribed our names this day 

of 18 , Teacher. 



y Directors. 



[Exempt^ ) 



26. receipt for teachers' schedule. [§ 54.] 

School District No \ 

T R county of > 

18 ) 

Received of A. B., teacher in the above named district, schedule of school taught 

by him, commencing on the day of A. D. 18 , and ending on the 

day of , A. D. 18 , on which schedule there is due said A. B.' the 

sum of dollars. CD.) 

E. F. >■ Directors. 

[Exempt} ' G. H. ) 

[By naming in the receipt the amount due on the schedule, the teacher is protected 
in case of the loss of the schedule.] 



2V. certificate of union district. [§ 35.] 

We the undersigned, school directors of districts No , and No , in town- 
ship , range , in county, and state of Illinois, do hereby certify, 

that in pursuance of the authority vested in us by the 35lh section of the school law 
of 1865, we have this day united and consolidated the above named districts, and 
formed therefrom a new district, under the name and style of Union District No. 

, Township , range , of said county and State: And we do further 

certify, that in accordance with the authority aforesaid, we have appointed , 

, , as the first board of directors of said Union District: And that 

said , , , having been severally notified of their said ap- 



FOKMS OF SCHOOL INSTRUMENTS. 313 

poiatment, and having duly accepted the same, the separate boards of directors of dia- 

tricis No and Xo aforesaid, are hereby declared dissolved. 

Given under our hands this day of , A. D. 18 . t,- j f 

) Directors of Diredorsof 

[ District No \ ^^^^''^^^ ^°-- 

) T. , R ) ^ ' ^^ 



[Exempt.'] 



28. CERTIFIOATE OP PURCHASE. [§ 92.] 



Knov7 all men that T , county superintendent of schools for the county 

of have this day sold to of the county of ana 

state of Illinois, the foUowing described school lands: 

in consideration' of '.'.'.".'.*.'.".".*.".'.' dollars to me paid, and of a note (here 

describe it,) •, • •, /, ' 'c '.{' 

in conformity with the provisions of the school law, and that upon the payment ot the 
aforesaid note, (or notes,) and the surrender of this certiticate, tlie said purchaser, or 
hia assigns, will be entitled to a patent from the state for said lands. 

Given under my hand at this day of ..... . A. IX, 18 . . 

•' County Superintendent of Schools. 

[Exempt.] 



stamp Duties on Scliool 
Instrnmeiits. 



A NEW internal revenue law was passed by Congress, July 18, 
1866, and took effect August 1, 1866. By that act all official 
instruments, documents and papers issued by the officers of any 
state, county, town or municipal corporation, in the exercise of 
functions strictly belonging to them in their ordinary governmental 
and municipal capacity, are exempted from taxation. 

By the act of March 2, 1867, amendatory of the above men- 
tioned act, all affidavits are exempted from stamp taxes. 

For the information and guidance of school officers, teachers, 
and all others concerned, I have prepared the subjoined schedule 
of the various instruments pertaining to the common school system 
of Illinois, showing the liability of each instrument under the late 
acts of congress. The instruments are numbered, consecutively, 
for convenience of reference, and the designation of each one is 
followed by the section of the school law (in brackets) requiring 
it. It is believed that the schedule embraces all instruments re- 
quired by the common school laws now in force in this state. It 
is prepared in accordance with instructions and interpretations of 
the acts of congress received from the Commissioner of Internal 
Revenue, and on file in this office. 



STAMP DUTIES ON SCHOOL INSTRUMENTS. 315 



SCHEDULE OF STAMP DUTIES. 

School instruments are subject to, or exempt from, stamp taxes 
as follows, viz : 

1. Bonflof County Superintendent, (§12,) One Dollar. 

2. Bond of Township Treasurer, (§55.) One Dollar. 

3. Receipt of Township Treasurer, (§15,) Exempt. 

4. Cortittcate of County Superintendent, in appeals, (§ 20,) Exempt. 

B. Conveyance to purchasers of school lands, (§ 22,) Exempt. 

6. Poll Book and cerlificate of election, (g§ 20, 42,) Exempt. 

1. Certificate of township map, (§ 33,) Exempt. 

8. Written consent of directors to transfer pupils, (§ 35) Exempt. 

9. Conveyance of school-house sites, (§ 39), Exempt. 

10. Directors' certificate of rate tax, (§ 44,) Exempt. 

11. Tax certificate of county clerk, (§ 45,) Exempt. 

12. Tax receipt of township treasurer, (§ 45,) Exempt. 

13. Bonds of school directors for money borrowed, (§ 47,) Exempt. 

14. Teacher's certificate issued by County Superintendent, (§ 50,) . . . Exempt. 

15. Renewal of teacher's certificate by County Superintendent, (§ 50.) . Exempt. 

16. State certificate issued by State Superintendent, (§ 50,) Exempt. 

17. Teacher's certificate on "schedule, (§ 53.) Eive Cents. 

18. Directors' certificate on schedule, (^ 53,) Exempt. 

19. Receipt of Directors for schedules delivered to them, (§ 54,) . . . Exempt. 

20. Mortgages taken by township treasurer as } ^ ^ ^^^ ^^ „ mortgage. 

security for money loaned, (§ 58,) . . ) ■' ^ ■> 

21. Notes, bonds etc, taken as security for money ) ^^.^^^ ^^ . ^^^^^^^^ ^_ 

loaned, (§ 57,) ) •' ^ 

22. Certified statement of Township Treasurer, (§ 63,) Exempt. 

23. Orders of School Directors on township treasurer, (§ 67,) .... Exempt. 

24. Receipt of person to whom ) y,^^ ^^^^ ^^^ ^.^^^.^^^ ^^^^^^^ ^^^^^^ ^^^^^^^^ 

paid, (§ 07,) . . . . j ' 

25. Certificate and jurat of County Superintendents to their accounts for ) Exemvt 

services rendered, ) 

26. Report and jurat of clerks of courts of record and justices of the ) Exemvt 

peace, (§ 82,) J 

27. Petition and affidavit for the sale of common school lands, (§ 83.) . . Exempt 

28. County Superintendent's certificate of purchase of school lands, (§ 92,) Exempt. 

29. County Superintendent's transcript of sale, (§ 94,) Exempt. 

i Exempt when signed by the proper officers. 
When signed only by private individuals it is 
subject as a lease. 

31. Written agreement or contract to build or repair school-houses, . Same as No. 30. 

C Exempt when the treasxirer is 

32. Checks by township treasurer on banks, to pay required by kiiv or regulation to 

orders on Township Treasurer, drawn by Board ^j deposit his funds; but when such 

of Directors, [deposit is made as a matter of fer- 

y sona I convenien ceth ey are subject. 

33. Agreement or contract between teachers and Boards of Directors to teach. Exempt. 

34. Census reports of Township Trustees to County Superintendent as ) j^xemvt 

basis of distribution of public funds, (§ 36, J ) -^ ' 

35. Certified statistical report of Directors to Township Treasurer, [ ExemvL 

(§ 2, Amend,) ) ^ 

36. Receipt of Township Treasurer to County Supe^'intendent for dis- ) Exemvt 

tributive share of school fund paid over, (§ 16,) ) ^ 



CALENDAR OF SCHOOL ELECTIONS AND DUTIES. 



1. State Superintendent of Public Instruction— Tuesday after first Monday of No- 
vember, A. D. 1866, and quadrennially thereafter. 

2. County Superintendents of Schools— Tuesday after first Monday in November 
1865, and quadrennially tliereafier. 

3. Trustees of Schools— One annually, on first Monday in October. 

4. School Directors— One annually, on first Monday of August. 

5. Report of State Superintendent to Governor — December 15, biennially. 

6. Coimty Superintendent's Report to State Superintendent— Second. Monday of No- 
vember, annually. 

1. Regular Meetings of Trmtees—Ywst Mondays of April and October. 

8. Report of Trustees to County Superintendent — Second Monday of October, annu- 
ally. 

9. Report of Directors to Township Treasurer — First Monday of October, annually. 

10. Return of Directors^ Tax Certificate to Township Treasurer — First Monday of 
September, annually. 

11. Return of same hy Township Treasurer to Clerk of County Court — Second Mon- 
day of September, annually. 

12. Payment of District Tax Funds hy Collector to Township Treasurer — First of 
April, annually. 

13. Delivery of Schedules to Directors — As soon as completed. 

14. Return of Schedules to Toionship Treasurer hy Directors — On or before the Sat- 
urday preceding the first Monday in April and October. 

15. Statement of Township Treasurer to Board of Trustees — First Mondays of April 
and October. 

16. Settlement of Township Treasurers ivith Boards of Directors — First Mondays of 
April and October. 

IT. Payment of Auditor's Warrant hy Collector — On or before the first day of March, 
annually. 

18. Reports of Clerks of Courts of Records and Justices of the Peace, to County Su- 
perintendents — On or before the first of March, annually. 

19. School Year — Commences October 1 ; ends September 30. 

20. New School Law took eflect February 1 6, 1865. 
21'. Latest amendment, in force February 28, 1867. 



Index to School Law. 



Accounts of Treasurer, how to be kept, 24 

Acts, tliis act not to repeal special acts, - 33 

What repealed by thi.« act, - 39-40 

Amending School Law, - - 40 

Apportionment, how made, - - 5 

tii'w made iii tbnning new districts, - 10 

Attachment, in u liat cjises, may issue, - 19 

Auction, lands may be sold at. by trustees, 14 

Auditorof Public Accounts, his duties, 30 

Shall malie dividendsof school funds, 30 

Shall issue warrants for same, - 30 

Boards of Directors, when to be dis- 
solved. - - - - - 12 
Bonds, of state superintendent, - - 1 
Of county superintendents, - - 3 
Directors may issue for borrowed 

money, - - - - 18 

Of township treasurer, - - - 23 

Certificates, of board of directors, - 16 

Of county superintendent, - - 19 

Grades of, - - - - 19 

Of teachers, - - - - 22 

Of directors to schedules, - - 22 

Of purchase to be given, - - 38 

Change of name of school commissioner, 33 

Circulars, to be issued by superintendent, 2 

Clerk, of board of trustees, how ap- 
pointed, - - - - 10 
Of board of directors to sign bonds, - 18 
County, to make computation^of taxes, 16 
Shall deliver certificate to treasurer, - 17 
How to proceed where a district is in 
two townships, - - - 17 

Clerks of courts of record to report to. 

county superintendent, - - 35 

Penalty for failure to do so, - - 35 

Collector, to pay over taxes to township 

tieasurer, - - - - 17 
To pay over taxes on warrant of audi- 
tor - 30 

Compensation of, - - - 30 

Compensation, of superintendent, - 3 

Of collectors, - - - - 30 

Of county superintendents, - - 30 

Of township treasurers, - - - 31 

Of county treasurers, - - - 31 

Consolidation ot two or more districts - 11 

Conveyances of school sites, how exe- 
cuted. - - - - - 13 
To trustees, how to be made, - - 13 

Costs, none to be charged against school 

officers, in certain cases, - - 33 

Of suits for trespassing on school lands, 35 

County Superintendents successors to 

school commissioners, - - 4 

To examine treasurer's bond, - - 5 

To loan county funds, - - - 6 
Not to pay funds till treasurer's bond 

is filed, - - - - - 5 

Liable to removal for failure to report, 6 

To visit every school once a year, - 6 

To form teachers' institutes, - - 6 

To hold meetings quarterly, - - 20 



PAGE, 

County Superintendents, not to charge 

fee lur ceititicates, - - - 2( 

To receipt for fines, etc., - - 35 

To bring suits against clerks and jus- 
tices of the peace, - - - 3£ 
Courts, county, iriay remove county su- 

periniendents, - - - - i 

May require new bond from county 
superintendent. - - - i 

Damages against collector, 
Un 1)1 each of mortgage, - 
Debts, due to schools, to be first paid, 
Directors, school or district: 
Jjuty of, to transfer pupils, 
'i"o draw orders for money. 
To have control of school-houses, etc., 
Election of, - _ _ _ 

Shall not he trustees, - - - 

Shall not be interested in contracts, - 
May levy a tax for school purposes, - 
Shall determine what, rate per cent, 
shall be levied, _ _ _ 

Certificate, . . . _ 

To return certificate to township treas- 
urer, ----- 
Shall inform collector to what treasur- 
er to pay over taxes, - - - 
What sum may be borrowed by, 
What sum may be levied by, - 
To be a body corporate, etc., - 
May purchase libraries, 
Shall establish schools, erect houses, 
etc., . - - . _ 
May locate school-house site, - 
Must have six months' school or more. 
To receive pupils between 6 and 21 
years, - . - - - 
Sliall visit schools, - - _ 
(Shall appointteachers, - 
May disini^s them, . - _ 
Liable for balance due teachers. 
When execution may issue against, - 
Shall examine and certify toschedules, 
Sliall file schedule with treasurer. 
To receipt for schedules. 
Liable for loss of schedule. 
Exempt from working on roads, 
Liabilities of, - 
Of union schools, how appointed. 
Distribution, how made in new districts, 
(Jf taxe.-, to counties, - - - 
Districts, school may be formed from 
two or more townsliips. 
Pupils, mxy i.e transferred from. 
In case <pf division of, funds lo be dis- 
tiibuted, - - - _ 



Election, of state superintendent, - 1 

Of county superintendents, - - 3 

Of tru.^tees of schools, - - - 8 

Manner of conducting, for trustees, - 9 

Ofsclmol directors, - - - 14 
Shall be held before issuing bonds for 

borrowed money, - - - 18 



318 



INDEX TO SCHOOL LAW. 



Election, shall be held in order to erect 

or change school-houses, - - 18 
Examination, of books, notes, accounts, 

etc., to be made, - - - - 13 
Of teachers, - - - - 20 
Exemption of school officers from work- 
ing road, etc., - - - - 31 
Executors and Administrators shall 

pay school debts first, - - 26 

Funds, may oe withheld by superintend- 
ent, - '- - - - 3 
County, may be loaned, - - 5 
Tax, how divided in new districts, - 10 
How distributed by trustees, - - 11 
What t-hall c institute the principal of, 28 
How to be paid out, - - - 28 
Fo)-m of order, - - - - 29 
What shall constitute school, - - 29 
Dividends to be made by auditor, - 29 
To be paid on auditor's warrants, - 30 
Persons of color to have benefit of, - 34 

Gifts and grants may be made to trust- 
ees, - - - - - 13 
Grades of Certificates, - - - 19 

Higlier Branches may be taught, - 20 

Improvements liable to be destroyed, 

not be included in mortgages, - 26 
Interest, on money loaned, - - 5 
Of county fund how to be applied, - 6 
What rate of, may be levied by direct- 
ors, - - - - - 16 
On money borrowed by directors, - 18 
Rate of. on money loaned by treasurer, 24 
Proceedings in ease of failure to pay, 26 

Judgments and Executions, real es- 
tate may be purchased by trustees, 

in .=<atisfaction of, - - - 14 

For damages against collector, - 17 
May be rendered by county court 

against collector, - - - 19 
To be a lien from date of process, - 32 
Justices of tlie Peace, to have jurisdic- 
tion in certain cases, - - - 35 
In case of failure to pay overfines, etc., 36 
To enforce collections of fines, etc., - 35 
To pay same to county superintend- 
ent, - . - . - 35 
Report under oath to county superin- 
tendent, . - - - - 35 
Penalty for failure to report, - - 35 

Xiands, school, petition for sale of, to be 

recorded, - - - - 36 

Leases of to remain valid, - - 33 

What shall constitute school, - - 34 

* Penalty for trespassing on, - - 34 

Sales of, how to 06 made, - - 36 

Terms of sale of, . . _ 37 

Place of selling, - - - - 37 
County superintendents shall sell, and 

how, - - - - - 37 

Payment for, how to be made, - - 38 

Unsold, how to be disposed of, - 38 

Certificate of purchase to be given, - 38 
Transcript of sales of, to be made to 

auditor, - - - - - 39 

Purchasers of, to receive a patent, - 39 

liiabilities, of school officers, - - 31 

Real estate bound for claims against 

school officers, - - - 32 

liibraries may be purchased by directors, 16 

lioans, of money by treasurer to be made, 24 

Mandamus may be issued in certain 

cases, - - - - - 19 

Maps of townships to be prepared, - 10 

Meetings for examination of teachers, - 20 



Moneys, to be delivered to county super- 
intendent to successor, - - 6 
May be loaned by county superintend- 
ent, - - - - - 6 
To be paid on order of the directors, 11 
For school purposes may be raised by 

directors, - - _ - 16 
May be borrowed by directors, - 18 
Addiiional security may be required, 26 
Mortgages, m»y be cancelled by trustees, 14 
To be taken for money loaned by treas- 
urer, - - - - - 25 
Form of, - - . - - 25 
In case of breach, suit may be main- 
tained, - - - - - 26 
Improvements liable to be destroyed 
not to be included in, - - - 26 

Notes, in name of county superintendent 

declared valid, - - - 6 
May be canceled by trustees, - - 14 
Notice, of sale of school site to be posted, 13 
Of sale of real estate, - . _ 13 
Of election of directors,- - - 14 
Of election to change school-houses,- 18 
Of meetings for examination of teach- 
ers, - - - - - 20 

Office, term of .9tate superintendent, - 1 

Term of county superintendent, - 3 

Term of trustees, - - - 8 

Officers of Scliools, exempted from 

working on roads, etc., - - - 31 

Not exempt from serving on juries, - 40 

Liabilities of, - - - - 31 

Real estate of, subject to lien, - - 32 

Subject to penalty for failing to do duty, 32 

Responsible for losses, - - - 32 

Not liable for costs in certain cases, - 33 

In towns and cities, their duties, - 34 

Patents, to be given to purchasers of 

school lands, - - - - 39 

Dttplicate copies of, may be issued, - 40 
Payment for Scliool Lands, how to be 

made, - - - - - 37 

Penalties, collecters subjectto, - - 17 

Township treasurer subject to, - 27 

School officers subject to, - - 32 

What school officers may be subject to 

for failing in their duties, - - 32 
For trespassing on school lands, - 35 
For failing to pay over fines, forfeit- 
ures, etc., - - - - 35 
How recovered, - - - - 35 
How disposed of, . _ . 35 
Permits delivered to township treasurer, 11 
Persons of Color, to have benefit of 

school fund in certain cases, - - 34 
Postage of superintendent, how paid, - 3 
President of board of trustees, how ap- 
pointed- - - - - 10 
Duty of, - - - - - 10 
May execute conveyances, - - 13 
Of board of directors to sign bonds, - 18 
Property of a district to be distributed in, 11 
Pupils, how transferred, - - - 11 
Under six not eligible, - - - 18 
Purchase of real estate by trustees, - 14 

Qualifications of teachers, - - 19 

Keal Estate, taken for debts may be re- 
sold, - - - - , - 7 
May be purchased by trustees, - 14 
Title to vest in trustin certain cases, - 13 
May be deeded to trustees in compro- 
mise, - - - - - 14 
May be sold at auction by trustees, - 14 
Shall be bound for claims against 
school officers from date of process, 31 
Kecords of examination of teachers, - 20 



INDEX TO SCHOOL LAW. 



319 



- 38 



Records of exatniiration, copy of to be re- 
turned to state superintendent, - 20 
Kemoval of township treasurer how 

made, - - - - - 14 

Of teachers, how made, - - 18 
Beports of state superintendent: When 

to be made to governor, - - 2 

To be laid before general assembly, - 2 

Of schools in towns and cities,; - 34 
Sales and Regulations to be made by 

state superintendent, - - - 2 

Salary; of superintendent, - - - 3 

Sale of school-house and sites, - - 13 

Of lands at auction, - - .14 

Of school lands, how to be made, - 35 

Of school lands, to be made by county 

superintendent, - - - 37 
Unsold lands subject to private sale, - 37 
Btatenient of, to be made by county 
superintendent, - . - 
Schedules, separate, how kept and dis- 
posed of, - - - - 11 
When payable, - - - - 22 
Sobools, under supervision of state su- 
perintendent, - - - - 2 
Information respecting, to be commu- 
nicated to superintendent, - - 6 
To be visited by county superintend- 
ent, - - - - - 6 
May be established comprising pupils 

of different districts, - - - 11 
Expense of supporting, how paid, - 11 
Union, how formed, - - - 12 
Directors to determine amount neces- 
sary for, - - - - 16 
To be established by directors, - 18 
Superintendent (County,) when and 

how elected, - - - - 3 

TogiveboDd, - - - - 3 

Liable to be removed by county court, 4 

Shall give new bond if required, - 4 

Vacancy in otflce of how tilled, - 4 

To provide books of record, - - 4 

To keep an account of money loaned, 6 

Shall tile bond of township treasurer, - 5 
Shall deliver to township treasurer all 

bonds, notes, mortgages, etc., - 5 

Shall take receipt for same, - - 5 
Shall make apportionment among 

townships, and how, - - - 5 
Shall loan county fund,- - - 5 
Interest, how to be applied, - - 6 
Shall report to state superintendent, - 6 
Shall deliver to successor all property, 6 
May loan money s in same way as treas- 
urers, - - - - - 6 
Notes, mortgages, etc., in name of, 

valid, - - - - - 6 
Suits may be brought in name of, - 6 
Duties of, to visit schools, - - 6 
To have primary jurisdiction, - - 6 
May employ a competent person to 
furnish information, statistics, etc., 
in certain cases, - - - 7 
May resell real estate taken for debts, 7 
May retain percentage for selling, - 7 
Shall examine teachers and give cer- 
tificate, - - - - - 19 
May revoke certificate, - - - 19 
To fi.\ a time for examining teachers, 20 
Compensation of, - - . 30 
Exempted from working on road3,etc., 31 
Liabilities of, - - - - 31 
Penalty for failing to perform duties, - 32 
Shall sell school lands, and in what 
manner, - - - - 37 
Bchool-houses, title to, vested in trus- 
tees, - - - - - 13 
Control of, vested in directors, - 13 
Shall not be erected or changed with- 
out an election, - - - IS 



FAOB. 

Schedules shall be kept by teachers, - 21 
Form of, - - - - - 21 

To be certified by teachers, - - 22 

To be delivered to directors, - - 22 

To be examined by directors,- - 22 

To be certified by directors, - - 22 

To be filed with treasurer, - - 22 

Not to be certified in certain cases, - 22 
Section, sixteenth declared school lands, 34 
Securities, bound for demands against 

principals, - - - - 32 

Of county superintendent not exemp 

ted from liabilities. 

Additional, may be required in certain 

cases, - - - - - 

Settlement, may be made with trustees 

by persons indebted, - - - 

Statement of condition of schools, 

Of treasurer to be laid before trustees. 
Of sales of land and moneys received, 
by county superintendent, - 
State's Attorneys to enforce collection 
of fines, etc., 



- 32 



35 

To pay same to county superintendents, 35 
Fees and commissions of, - - 35 
Stationery, allowed to superintendent, - 3 
Suits may be brought on notes, mort- 
gages, etc., by county superintendent, 6 
May be brought against treasurer, - 14 
May be brought against collector for 

refusal to pay over, - - - 17 
May be maintained for breach of con- 
dition in mortgage, - ' - - 26 
How brought for interest on money 

loaned, - - - - - 26 
All suits may be brought in name of 

trustees, - - - - 26 
May be brought against treasurer, on 

bond, - - - - . - 27 
May be brought in county court against 

collector, - - - - 30 
May be brought against trustees forin- 

sufficiency of treasurer's securities, 31 
May be broughtagainst officers failing 

in their duty, - - - - 32 
Costs of not to be charged in certain 

cases, - - - - - 32 
May be maintained for trespassing on 

school lands, - - - - 34 
How brought for penalties, - - 35 
How brought against purchasers of 
lands, - - - - - 38 
Superintendent of Public Instruc- 
tion, when and how elected, - 1 
Term of office of, - - - 1 
Oath of office of, - - - - 1 
Othce of, where to be kept, - - 1 
Bond of, penalty and conditions of, - 1 
Books and documents to be preserv- 
ed by, - - - - - 1 
Recorci to be kept by, - - - 1 
To pay over moneys, - - - 1 
To advise county superintendents and 

teachers, - - - - 2 

To have supervision of schools, - 2 

To issue circulars, - - - 2 

To make reports to governor, - - 2 

To issue state certificates, - - 20 

To make rules and regulations, - 2 

To explain and interpret this act, - 2 
His decisions to be final, except in 

certain cases, - - - - 3 

May cause funds to be withheld, - 3 

Salary of, when and how paid, - - 3 

Taxes, school, how distributed when new 

district is formed, - - - 10 

Directors may levy, - - - 16 

To be computed by county clerk, - 16 

How collected, - - - - 17 
In case of refusal of collector to pay 

over, - - - - - 17 



820 



INDEX TO SCHOOL LAW. 



Taxes, how collected where district is in 

two towiis^hipp, - ■ - -17 

Two mills to constitute school fund, - 29 

Dividends of, to be made by auditor, - 29 

Persons of color to have benefit of, - 34 

Teachers to be appointed by directors, - 18 

J\Iay be dismissed by directors, - 18 

To be examined. - - - 19 

Qualifieations necessary for, - - 19 

To receive certifieate, - - - 19 

Meetings for examination of, - - 20 

To exliibit certificate, - - - 20 

Shall keep schedules, - - - 21 

To deliver schedules to directors, - 22 

Entitled to ten per cent, interest, - 22 
Balances due, to be paid out of first 

moneys, - - - - 23 
Title to Real Estate to vest in trustees 

in certain cases, - - - - 14 
Towns and Cities, special acts of, not 

changed by this act, - - - 34 

To-wnsliips, apportionment among, - 5 

Business of, to be done by trustees, - 7 

To be body corporate, - - - 8 

To be laid otf in districts, - - 10 

Map of, to be prepared, - - - 10 

School districts to be formed from sev- 11 

eral, . - . _ _ 

When divided by county line, - - 13 
Treasurer, townsliip. bond of, 

Moneys, bonds, etc., to be delivered 

to, by county superintendent, - 5 

Distributive share to be paid to, - 5 

How appointed, - - - - 10 

Township, account of to be examined, 13 
Moneys for use of townships to be paid 

to, - - - - - 14 

May be removed by trustees, - - 14 

May be sued on bond, - - - 14 
To order district election in certain 

cases, - - - - - 14 

To return certificate to county clerk, 16 

Collector to pay over to, - - 17 

Schedule to be filed with, - - 22 

To give bond and security, - - 23 

To provide books and lieep accounts, 24 
Terms and rate on whicli, slaall loan 

money, - - - - - 24 

May loan funds to boards of directors, 25 

Former loans by, legalized, - - 25 

May require additional security, - 2& 
Shall have debts due probated and 

classed, - - - - - 26 
May bring suits for interest on loaned 

money, - - - - - 26 
Shall keep all moneys, books, etc., of 

township, - - - - 26 
Shall make statement to trustees on 

certain days, - - - - 27 
Penalty in case of failure to perform 

duties, - - - - - 27 



FAOE. 

Treasurer to settle with board of direct- 
ors, - - - - - 27 
To deliver money, books, etc., to sue- 27 
cesser, - - - - - 27 
To pay only on order of directors, - 28 
Township, compensation of, - - 81 
Exempted from working on roads, etc. 31 
Liabilities of, - - - - 31 
To receive pay as clerks, - - 31 
Trustees of Schools to be body corpo- 
rate and politic, - - - 8 
Eligibility of, - - . - - 8 
First election of, - - - - 8 
Time and manner of electing, - - 9 
Qualifications of voter for, - - 9 
In case of a tie in election, - - 9 
In case of a vacancy in board of, - 9 
Property to be vested in, - - 9 
To iiold semi-annual meetings, - 10 
Special meetings of how called, - 10 
How board of shall be organized, - 10 
May remove ofljcersfor cause, - 10 
Must lay townships off into districts, - 10 
May establisli one or more districts in 

a township, - - - - 10 

To prepare map of township, - - 10 
May form school districts from several 

townships, - - - - 10 
Funds, when and how to be distribu- 
ted by, - - - - - 11 
Shall make report to county superin- 
tendent, - - - - 12 
Failure to make report, penalty of, - 12 
Duty of, in case township is divided 

by county line, - - - 13 
Shall make examination of books, 

mortgages, etc, - - - 13 

Vested with title of school-houses, - 13 
Shall cause all moneys to be paid to 

treasurer, - - - - 13 

Blay remove orsue township treasurer 14 

May purchase real estate in satisfac- ' 

tion of judgment, - - - 14 

May cancel bonds, mortgages, e(;e., - 14 

May lease or sell lands at auction, - 14 

Shall not be interested in contracts, - 15 

Shall, not be director, - . - - 15 

Exehipted from working on roads, - 31 

Liabilities of, - - - - 31 

To pay treasurers for clerical services 31 

Penalty for failing to perform duties, 32 

Union Districts, how formed, - - 11 

Directors, powers of, - - - 11 

Vacancy in oflSce of county superintend- 
ent, how filled, - - - 4 
In board of trustees, how filled, - 9 

"Witness, county superintendent may be, 7 



Index to Cominon School 
Decisions. 



PAGE. 

Abolition of district during school term 242 
Abolition of fees fur certincaies, - - 102 

Benetils of, 102 

Action, of district, against trustees, - 227 
Of Superintendent under section 21, - 135 
Of trustees and diiectors reciprocal, 229 
On treasurer's bond, how brought, 1S2, 190 
Secured by fraud, rescinding of, . 161 
May he rescinded at special meeting, Itil 
Act of February 28, 1867, - - - 113 
Acts, irregularities of form of, - - -202 
Not invalidated, how, - - . - 202 
Of di rectors, corporate, . . - 21)2 
Of two directors, valid, - . - 213 
Repealed. ------ 70 

Special, districts created by, - - 214 

Township funds not lost by, - -214 

Arl,journnient of sctiool election, - - 267 

Admission to other dist'ts, how obtained, 261 

Alienation of district ta.xes, - - - 227 

All lands to be sold by auction, - - 152 

Alteration of district boundaries, - - 147 

Must be made at regular session, - 147 

No vote or petition necessary, - - 147 

Power to make vested in trustees. - 147 

Amenable to directors, teachers are, 239 

Amendments, discussion of, - - - 47 

The latest 113 

Amount voted, directors limited by, . 218 
Annual reports, reqtiired of supts., - 12,') 
Appeals to state superintendent, - - 63 
Amount of deputies, - - . - 127 
Apportionment, of funds, - - - 118 

Basis of, 118 

Iiay of, 149, 153 

Grounds of claim to, - - - - 143 

In certain cases, ----- 158 

Latest assessment to be basis, - - 162 
On census, ------ 158 

To be made, when, - - . 153, 1,58 

When funds are not in hand, - - 188 

Appraisal, of school property, . - 154 

Action of directors concerning, - - 155 

Is final and conclusive, - - . 155 

Mode of, suggested, - - . - 155 

Only in case of new districts, - - 154 

Assessment, latest to be basis, - - 162 

Assignment of schedules, - - - 243 

Assist, teachers must have certificates, 241 

Auction, lands to be sold by, - - - 152 

Balances due teachers, interest on, - 177 
Ballots, blank not to be counted, - - 270 
Second, not to be taken, . - . 275 
Should specify term, . - - - 270 
Basis of apportionm't, by county supt., 118 
Bible in the public schools, - 287-301 
Constitutional provisions relating to, 288-295 
Discussion of principles concern- 
ing 295-301 

Bids, when borrowed by purchaser, - 129 
Blank ballots, not to be counted, - 270 

Boards of Directors to make report, - 115 

21 



PAOE. 

Bond, of county superintendent, - - 118 
Of township treasurer, - . . 169 
But one required, - . - - 189 

Conditions of validity of, - - - 56 
Form of, change in, - - - - 169 
How tested, --.--. 56 
Law in relation to, - . . . 55 
Must be renewed before funds are paid, 170 
Principles governing, - - - -169 
To be renewed, ----- 169 
Release of securities of, - - - 153 

Bonds of districts, how issued, - - 232 

Books and blanks, how provided, - 282 

Books and papers, - _ _ . \S'i 
Leiivery of, to successor, - - - 182 
How enfoT'^ed. ----- 182 

Books for districts, - - - - 156 
Ti ustees mHy purchase, - - - 156 

Borrowed money, best mode of paying, 83 
Maximum amount of, - - - - 82 
Tax to pay, 83 

Borrowing township funds, - - 161 
Not a disqualification, - - - -161 

Boundaries, district, formation and 

change, --.-.. 145 
Must be made at regular session, - 147 
Power to alter, vested in trustees, - 147 

Building school-houses, - - . igg 

Money may be borrowed for, - - 196 
Must be voted for, . . - -196 

Taxes may be levied for, - - - 19a 

Calendar month, when to be taken, - 186 

Calendar of school elections and duties. 302 

Cancellation, of mortgages, manner of, 184 

Cannot resign at will, teachers, - -245 

Census of children, - - - . 168 

Apportionmfnt on, . - . -153 

iMrectors to take, - - . . 151 

Certificates of taxation, - - . ige 

Delivery of, to county clerk, - - 181 

Directors to file, - - - . . igg 

Must be returned in season, - . 196 

To be filed with treasurer, - - - 196 

Certificates of teachers, . - - 119 

Absolutely indispensable, - . - 238 

Expiration of, during school term, - 243 

Fees for. not allowed, - - _ 102,120 

Grades of, two only, - - - - 91 

Renewal of. ----- - 120 

Requirements for first grade, - - 93 
Requirements for second grade, - 95 
Revocation of, - - - - . 120 

Third grade, why abolished, - - 91 

Certificates to schedules, false, - - 228 

Under new law, - - . - . iig 

Children, census of. who must take, - 151 

Not eligible till six years of age, 83, 201 

Under five should not be admitted, 

why, - - - - - - 83, 201 

Under six years of age, - - - 235 
Choice of school site, - - . . 227 
Cities and incorporated towns, . 282 



322 



INDEX TO COMMON SCHOOL DECISIONS. 



PAGE. 

Claims in favor of school fund, - - 282 
Kate of interest of, - - - - 282 

Claiin to be made in three months, - 192 

Clerical services, of treasurers, - 111, 150 
Entitled to pay for, - - - ill, 150 

Clerks district, to make report, - - 115 

Comixiissions, how computed, - 189, 185 
Kuie for computation of, - - - 130 
Of county superintendents, - 110.130 

Of town.=;hip treasurers, - 111, 130, 184 
Different rules concerning, - - 184 

Instructions in respect to, - - -184 
On delinquent railroad taxes, - -284 
County treasurers not entitled to, - 281 

Compensation, of county supts., - 110,121 
Incit'ased to five dollars per day, - 114 

Computation, of commissions, rule for, 130 
Of interest, ------ 186 

Discussion of, - - - - - 186 

Rules for, ----- - 187 

Supreme Court decision on, - -187 

Conflicting acts repealed, - - - 114 

Consolidation, of districts, - - . 194 
or schedules. - - - - - 233 

Continuance of schools, - .. - 208 

Contracts, bindino; on successors, - 205 

Signed by two directors, valid, - - 213 
Teachers protected by, - - . '239 
Written, should be made, - _ - 237 

Control of public schools; - - - 231 
Outside parties not to interfere vcifh, 232 
Vested exclusively in directors, - - 231 

Corporal punishment, - . _ 246 

Authorities respectins, cited, - 247-251 
P'ull discussion of subject of, - 251-258 
Judicial opinions concerning, - 247-251 

Corporate liability, of directors, - 202 

Costs of suit, - - - - - - 281 

May be paid from school fund, - - 281 

County Clerk, may refuse tax certifi- 
cates, when, _ - _ - . 181 

County Court, relations to county 

superintendent, - . . 122, 140 

County Superintendent, accounts of, 124 
Accts. to be paid unless fraud is shown, 124 
And school elections, - - - - 271 
Benefits of longer tenure of, - - 50 

Bond of, •- 118 

Change of name of, - - - - 49 

Compensation of, - _ - - 110, 121 
Co. aiithoii ies should provide office, 103 
Days service not limited, - - - 114 
Decisions concerning, - - - - 118 

Duty of, in new townships, - - - 137 
Economy in respect to office of, - 104 

Educational duties of, - - - - 58 

Entitled to full amount of warrants, - 131 
Entitled to whole of fines, - - - 133 
Fitness of new appellation of, - - 49 
Have discretion in respect to services, 141 
Have discretion in respectto visitation, 122 
How to test validity of bonds, - - 56 
Liable for loss of funds, _ - _ 131 
May be teacher, - -' - - - 136 
May loan fines, ----- 139 

May procure and furnish office, 
when, ------ 104, 136 

Most important duties ofj - - - 59 
Must linow the law, - - . - 63 
Not subject to control of others, - 123 
Not to pay till bonds are filed, - - 55 
Office work and duties, - . . 121 
Paid for actual services, - - 110, 114 
Relations of, to county court, - 122, 140 
Reports of, - - - - - 56, 125 

Sale of school lands by, - - - 125 
Should be able and experienced, - 61 
Should not be township treasurer, - 133 
Tenure of, to be four years, - - 50 
Term of, why extended, - - - 50 
To decide controversies, - - 63, 125 
To demand renewal of bonds, - - 65 



PAGE. 

County Supt. to demand valid bonds, - 55 

To examine school land reports, - 134 

To have primary jurisdiction, - - 63 

To hold over in certain eases, - - 134 

To judge of services needed, - - 123 

To keep account of services, - - 137 

To loan funds, _ _ . . - 54 

To make loans in certain cases, - - 183 

To receive five dollars per day, - - 114 
To report annually, - - - 58,125 

To scrutinize bonds, - - - - 54 

To withhold funds, when, - - - 118 

Visitation of schools by, - - - 121 

What interest may be required by, - 54 

What securities may be taken by, - 132 

County treasurers, and school taxes, - 281 

Not entitled to commissions, - - 281 

Custody of district funds, - - . 170 

Day of apportionment, - . . 148 

Cannot be postponed, - - - - 149 
Must be precise time fixed by law, - 149 

Debts, due teachers, - _ . . 177 

Entitled to interest, - - . - 177 
Of districts, - - - - - - 215 

School priority of, - - _ . 281 

Decisions, oflicial and judicial, - - 117 
Concerning county superintendents, - 118 
Concerning pupils, - - - -259 
Concerning school directors, - - 192 
Concerning school elections, - -265 
Concerning teachers, - - - - 235 
Concerning township treasurers, - 169 
Concerning township trustees, - -143 
Supplementary, - _ _ . . 281 

Deed, district should have warrantee, - 212 
To be made to trustees, - - _ 219 

Default, in interest or principal, - - 187 

Delinquent district taxes, - - - 190 

Delivery of Certificates to county clerk, 181 
Essential to validity of tax, - -181 

Must be on day fixed by law, - - 181 

DeiJuties, rules governingappointm't, of, 128 
Superintendents may appoint, when, 127 
What services rendered by, - -127 

Directors, and the people, - - _ 193 
And trustees, action reciprocal, - - 229 
Authority of. paramount, - - . 199 
Cannot be employed as teachers, - 205 
Cannot be trustees at the same time, 217 
Cannot be sued, when, - - . 203 

Cannot borrow money to pay teachers, 205 
Cannot condemn land for sites, - - 230 
Cannot delegate control, - - . 200 
Can't purchase residences for teachers, 230 
Cannot use funds for prizes, - - 232 
Continuance of schools by, - . 208 

Contracts binding on successors, - 205 
Corporate acts of, - - _ . 202 

Corporate liability of, - - - - 202 
Decisions concerning, - . . 192 

Duty of relative tohouses and grounds, 223 
Duty of, when house is too small, - 224 
Failure to elect, - - - - -277 
Have control over special taxes, - 203 

Judgments against, how paid, - - 204 
Liability of, in certain cases, - - 228 
Liable for false certifi'tes to schedules, 228 
Liable for money p'd to teachers, when, 227 
Liable to mandamus, - - - - 224 
Limited to amount voted, - . - 218 
May be elected trustees, - - . 217 
May be witnes.=es, - . - . 210 
May build on old site, when, - - 273 
May dismiss teachers, . - . 205 

May exclude tobacco from school, - 231 
May hold real estate, - - - - 210 
May locate school site, when, - 87, 196 
May re-establish union districts, - 229 
May resign, how. .... 199 

May use house in another district, - 222 
Not to extend term of school, when, - 229 



INDEX TO COMMON SCHOOL DECISIONS. 



323 



PAGE. 

Directors, not to hold over, ... 272 
Not to pay money to eaoli other, - 219 
Orders of, on ireasurer, . . . 203 
Personal liability of, - - - - 202 

Powers of, 86 

Powers of, under section forty-three, 22:i 
Qiiornm of, for business, . . - 201 
Return of tax certificates by, - - 232 
Should be notified of mefetings, - - 213 
Tax certificate of, - . . . 80 

To consolidate districts, . . - 194 
To decide where pupil shall go, - - 219 
To demand statement from treasurer, 197 
To determine questions of residence, 198 
To establish suflficieut schools, - - 208 
To extend term of school, when, - 229 
To file certificate of taxation, - - 196 
To file schedules, - - - - 201 

To form union districts, - . - 193 
To furnish all things needful, - - 223 
To make rules andrej];ulations, - - 207 
To prescribe branches of study, - 207 

To leceipt for schedules, - - 104,197 
To rent school-houses, _ - . 198 
To take census, ----- 151 
To visit schools, ----- 86 
Two may transact business, - -201 

Discrimination in favor of soldiers, 261 
Discussion of anientlnients, - - 47 
Distributable funds, not to be loaned, 157 
Districts, benefits ol large, - - - 71 
Bonds of, when money is paid on, - 232 
Change of boundaries of, - - - 146 
Concurrence of trustees required, 

when, 72, 147 

Consolidation of, - - - - - 194 
Contracts not effected by division, - 160 
Created by special acts, - 161, 214, 278 

Debts of, 215 

Delinquent taxes of, - - - - 190 
Distribution of funds to, - - - 161 
Divided by township lines, - . - 217 
Division o"f, during school term, - 159 

Division of, in certain cases, - - 215 
Effect of division, in certain cases, - 160 
Formation of, ----- 146 
Funds and property, division of, - 145 
Funds of. how and when paid out, - 109 
Joint session of trustees not required, 72 
Large, may be formed, - - - 70 
Liable for debts, in certain cases, - 215 

Loan of funds of, 200 

Lying partly in two townships, - 72, 147 
M'ay embrace whole township, - - 70 
Name and style of, - - - - 226 

New, how formed, - - - - 73 

No division of funds, vpithoutnew, - 145 
Overpayment of, - - - - - 185 

Power to change, vested in trustees, - 147 
Reports of. in certain cases, - - 188 
Right of action of, - - - -227 

Rights of teachers not impaired by 

division, ------ 160 

Rules governing, relative to debts, - 216 
Should own school site, - - - 212 
Special taxes of, - - - - - 151 

Taxes of, cannot be alienated, - - 227 
Taxes of, must be uniform, - -211 

To furnish statistical abstracts, - - 161 
Trustees cannot control special taxes, 151 

Union - . . -j; 

Use of tax funds of. - - - - 209 
What constitutes funds of, - - -109 
Dismissal of teachers, - - - 205, 236 
Proof of cause must be positive, - 205 
Division, of district funds and prop- 
erty, 162, 145 

Basis of, latest assessment, - -162 

Of districts, during school term, - 145 
Of districts, pending collection of tax, 215 
Of townships and their funds, - -160 
Can be made by legislature only, - 160 



PAGE. 

Duration, of permits of transfer, - - 2t'3 
Of schools, 84 

Eflfect of revocation of teachers' certifi- 
cates, 236 

Of vote to build school-house, - - 273 
Ejection of pupils by force, - - - 221 

Elections, school, 265 

Adjournment of, 267 

Ballots at. should specify, - - -270 

Blank ballots at. 270 

County superintendent to order, when, 80 
Decisions relating to, - - - - 265 
Directors only to order, - . . 267 

Duty of county supt. concerning, - 271 
Effect of, in eenain cases, ... 273 

Evidence of, 268 

Failure to attend, 277 

Failure to call, 266 

Failure to hold, 266 

First, when and how ordered, - -268 
For building, and school site, - - 276 

For directors, 80,180 

For directors, to be held on Monday, - 269 
For tax to build school-house, - -275 
Governed by terms of call, - . - 276 
Held on wrong days, or informally, - 266 

In case of a tie in, 272 

In new districts, 269 

In specially incorporated district.s, - 278 

Judges of, 266 

Loss of poll-book of, - - - - 270 
Manner of contesting, - . . . 268 
May be held twice, when, ... 271 
Notices of. where posted, - - 265, 277 
Not invalidated, how, ... -273 
One director may call, when, - - 276 
On questions of raising money, - -274 
Qualifications of officers at, - - -271 
Registry law not applicable to, - - 265 
Rejection of votes at, - - - - 269 
Second ballot cannot be taken at, - 275 
To extend term of school, - - - 278 
Treasurer to order, when, - - 80,180 
Voters at. in certain cases, - . - 274 
Votes to be taken separately, when, - 275 
Who may be voted for at, - - - 268 

Who may vote at, 268 

Eligibility^ of pupils, .... 259 

Of voters and otfieers, .... 268 

Employment, of teachers, - - - 244 

By two boards at same time, - - 244 

English Education required by law, - 285 

English schools only authorized, - - 98 

Entitled, to full amount of warrants, - 131 

To interest, teachers are, - - -240 

To whole amount of fines, - • - 133 

Enumeration, of children, directors 

to take, 151 

Evidence of school elections, - - - 26.8 

Examination of Teachers, - 87, 119, 121 

Considerations in respect to, - - 88 

How conducted, best modes of, - - 89 

Notices of, 102 

Observations in respect to, - - -100 
Private, not interdicted, ... loi 
Public, preferable to private, - - lOl 
Should be thorough and conscientious, 88 
Transcendent importance of, - - 88 
Examination of treasurer's bond, - - 118 
Exclusion from school, in certain 

cases, 260 

Exemption, of school property from 

taxation, ...:-. 226 
Epenses, incidental, for schools, - - 200 
Epiration of teachers' certificate, - - 243 
Expulsion of pupils, .... 208, 233 

Failure, to elect directors, - - - 277 

To hold elections, 266 

To order elections, .... 266 

To record proceedings, .... 128 



824 



INDEX TO COMMON SCHOOL DECISIONS. 



PAGE. 

Failure, title not invalidated by, - -126 
To turn over funds and papers, - - 182 
False certificates to schedules, - - 228 
Fees for ceititicates. abolJKhed, - - 102, 120 
Fines and forfeitures, and the 

school fund, 112, 138 

How collected, reported, and paid, - 112 

May be loaned by county supt., - - 139 

Rule of action relative to, - - - 138 

What, go to .school fund, - - - 127 

Fires, who shall make, - - - ' - 246 

First elections, in townships and dists., 268 

Forcible ejection of a pupil, - - - 221 

Foreclosure of mortgage, - - - -152 

Petit; )n for not necessary, - - -152 

Foreign languages in public schools, - 281 

ForfeUed lands, resold by trustees, - 149 

Forft ited schedules, ... 158, 162 

: .ay be paid, when. - - - - 162 

bpecial taxes may be paid on, - - 162 

Forfeitures and penalties due school 

fund, 127, 138 

Forfeiture of schedule, ... 158 

Effect of, 158 

Form of treasurer's bond. - . - . 169 
Forms of school instruments, - - 303 
Certificate in appeals, - . . -304 
Certificate of township map, - -310 
Certificate of purchase, - - - . 313 
Certificate of union district, - - - 312 
Contract betw'n teacher and directors, 312 
Directors' bond for borrowed money, 310 
Directors' tax certificate, - - - 311 
■ District election notice, - - -310 
Magistrate's report to county supt., - 306 
Mortgage to county superimendent, - 3U5 
Mortgage to tru-tees, - - - -307 
Note to'county superintendent, - - 304 
Note to township treasurer, - - -309 
Order on township treasurer, - - 311 

Permit of transfer, 311 

Poll book of election, - - - - 309 
Receipt for teacher's schedule, - -312 
Receipt to county superintendent, - 304 
Receipt to towns-hip treasurer, - -308 
Renewal of certificate, - - . . 305 
Returns of election. ... -309 
Revocation of certificate, ... 305 
Semi-annual statement of treasurer, - 308 
Semi-annual statement of trustees, - 310 
Superintendent'saccount for services, 307 
Tally list of election. - - - - 309 
Township treasurer's bond, - - - 3u8 
Fractional districts, unk'n to the law, 218 
Funds, apportionment of - - - -118 
Basis of apportionment of, - - -118 
Claims in favor of school, ... 282 
County and township interest of, - 109 
Distributable, not to be loaned, - -157 
District, how and when paid out, - 109 
Division of district, .... 145 
Grounds of cl.aim to public, - - - 143 
How and when apportioned, - - 153 
Interest on, rate of, - - - -171 

May be loaned to directors, - . - 171 
No division of, without new district, - 145 
Of districts, loan of, .... 200 

Of swamp land, 144 

Of townships in two counties, - - 144 
Received for lands, to be loaned, - 174 
Received on census and schedule, - 175 

School, unity of, 286 

Surplus district, 143 

To be kept on interest, - - . .171 
To be paid to treasurer, ... 151 

To be turned over to successor, - - 182 
Treasurer cannot borrow, ... 172 
Treasurer liable for loss of, - - -184 
Treasurer to call for, .... 189 
Treasurer to loan, ..... 171 

Use of surplus, 209 

What constitutes district, - - - 108 



Funds, when to be withheld from dis- 
tricts, 185 

"Withheld till bonds are filed, - -118 

Garnishee, of money due on schedules, 178 
Courts to determine in respect to, - 178 
No judicial decision concerning, - - 178 
Good moral character indispensable, 97 
Grades of certificates, two only, - - 91 
Grounds of claim to public funds, - 143 

Higher branches may be taught, - - 99 
Holidays, schools to be dismissed on, - 240 

What shall be, 240 

Home treasurer, to pay all schedules, - 116 

Hours of school, 228 

Control of directors respecting, - - 228 

Not to be unreasonable, -" - -228 

How to report districts, in certain cases, 188 

Illegal or fraudulent schedules, - - 178 
May be rejected by treasurer, - - 178 
Importance of reliable reports, - - 57 
In case of a tie, at school elections, - 274 
Incomplete schedules, how disposed of, 219 
Incorpoi-ated towns and cities, - - 282 

Index to school law, 317 

Informality in elections, - - . .266 

Insurance of school-houses, - - -220 

Interest, how to be computed, - - - 187 

Must be paid by treasurers, - - - 177 

Of county and township funds, - - 109 

On balances due teachers, ... 177 

Teachers entitled to, - - - . 240 

Ten per cent, per annum till paid, - 177 

Interference with public schools, - -231 

Internal revenue on school instruments, 314 

Irregularities of form, not material, - 202 

Judges of school elections, ... 266 
Judgments against directors, - - -204 
'1 o he paid from district funds, - - 204 
Judicial and official decisions, - - 117 

Justices and clerks, reports of, - - 135 

Liands, swamp, funds of, - - - - 144 

Must be sold by auction, - - -152 

School, sale of. in certain cases, - - 282 

ILanguages, foreign, in public schools, - 284 

Large districts, benefits of, - - - 71 

Superiority of, 71 

Latest amendments, 113 

Assessment, -.-... 162 

To be basis of apportionment, - - 162 

Laws of Congress, and stamp duties, - 314 

Lease of school-houses, .... 198 

Leaving school, during school hours, - 263 

Directors may forbid, - . - - 263 

Liabilities, of directors, not personal, - 202 

Of directors, in certain cases, - - 228 

Of retiring school officers, ... 283 

Of trustees, 158, 162 

List of tax-payers, 230 

What included in, 231 

Loans, by townsliip treasurer, - - . 106 

Former, legalized, 107 

May be made by directors, - - - 107 

Of district funds, 200 

Rate of inte,rest on, - - - -106 
Remarks in I'espect to, - - - . 107 

Security for, 108 

Loss of poll book, effect of, - - - 270 
Lunar month, for schools, ... I86 

Making fires, sweeping, etc., ... 246 

Mandamus, to boards of directors, - 224 

When applicable. - - - . -224 

Manner of contesting elections, • - 268 

Meetings of directors, .... 213 

All should be notified, - - - .213 

Errors to be avoided in, ... 213 

Mode of appeal to et«te supt., • ' 03 



INDEX TO COMMON SCHOOL DECISIONS. 



325 



PAGE. 

Month and day, school, - - - 2o'J 

Moral character of teachers, - - 97 

Mortgage, and notes, tenure of, - - 287 

Does not lose priority, - - - 2'<2 

Foreclosure of, - - - - 152 

How canceled, . . - - 183 

Lien not waived, how, - - - 126 
May be foreclosed without petition, - 152 

Omission to take, - - - 126 

Name and style of districts, 

New districts, how formed. 

New law, touching separate schedules, 

No fees fir certificates. 

No fractional districts. 

Non-residents must be listed, - 

Notes, and Mortgages, tenure of, - 

iJefault on. begins when, 

Renewal of. necessary. 

When payment is in default, - 
Notices of school elections. - .265 

Number of schools in a district, 

Must be enough for all, 

OflSce, for county superintendent. 

County authorities should provide, ■ 

County superintendent may provide. 

Economy required in respect to. 

Removal of treasurer from, 

Work and duties, 
Officers, school, and road taxes, - 

Liabilities of, . . - • 

Of elfciions, qualifications of, 

Rp.aidence of. - 
Official, and judicial decisions. 

Opinions, when declined. 

Papers, cannot be returned, 
Omission to take mortgage. 

Lien not waived by. 
One order sufficient, when. 
Orders 111 favor of directors. 

Impropriety of. - 

Exceptional cases. 

Of directors on treasurer, 

One sufficient when, 

When and how drawn, - 
OTerpayment of a district, 

To be retained and re-apportioned, 

Papers, official, not returned. 
Payment of treasurers as clerks. 
Penalties and forfeitures, and school 

fund. _ - - - 

People and school directors, - 



110, 



no, 

76, 192, 



Per diem, of county supt . 

Account, how collected. 

For what services allowed. 
Permits of transfer, 

Duration of, - 

Good for one year only. 

Sole evidence of consent. 
Personal liability of directors, - 
Personal property, where taxable, 
Persons of color, - - - 

School taxes collected from, - 

Taxes to be refunded to. 

Over twenty-one years of age. 
Poll book, loss of, - - - 

Powers, conferred by section 43, - 

Of directors, ... 

Of voters and directors, 
Preceding school year governs, 
Premiums for scholar.ship. 

School fund not to be used for. 
Principal of township fund. 

Interest cannot be added to, - 

What may be added to, - 

Of county and township fund, 
Priority of mortgage, - - - 

Of school debts, - - - - 

Private Examinations not interdicted, 
Private Sales of school land, not legal, - 



2'26 
73 
116 
102 
218 
231 
287 
1S3 
183 
187 
277 
2US 
2U8 

. 103 
103 
104 
. 104 
. 189 
. 121 
. 286 
. 283 
. 271 
. 281 
• 117 
. 64 
. 283 
. 126 
. 126 
. 243 
. 219 
. 219 

- 220 
. 203 
. 243 

- 203 

- 185 

- 185 

- 283 

- 150 

- 127 
199 
114 
130 
114 
235 
263 
263 

76 
202 
226 
1.59 
159 
159 
261 
270 
222 



109, 



Private Schools, - 

In public school-houses, 
Reports of. ... 

Rule in respect to. 
What shall con.stitute, - 
What should be reported as, - 

Proceedings, failure to record, - 
Under sections 33 and 35, 

Property, mistake in taxation of, 
Per.Monal, where taxable, 
School, .sale of. - 
School, when exempt from tax. 
To be divided in three months, 
When a part only is taxed. 

Protected by contracts, teachers. 

Public examination of teachers, 
JS'otices of, - - - 

Observations in respect to, 
Preferable to private, why, 

Public Schools, foreign languages in 

Punishment, corporal, - 
Discussion of pi'inciples. 
Eminent authorities cited. 
Judicial opinions respecting, - 

Pupils, admission to other districts, 
Choice in studies of, 
Decisions relating to, - 
Exclusion of from school, 
Expulsion of, - -. " 

From unorganized districts, - 
May be ejected by force. 
Not to leave during school hours, 
Over twenty-one. 
Permits of transfer to be filed. 
Permits, sole evidence of consent. 
Residence of, - 
•Suspension of, . - - 

Transfer of, - - T6, 

Over or under age, 
Who are eligible as. 

Purchase of books for districts, - 
Of residences for teachers, 

Purchaser, of school land. 
May be treasurer, 

Qualifications of election officers, 
Questions of raising money, 

'J'o be voted on separately. 

Who may vote on, 

Ofresidence, . . - 

Directors to determine. 

May be voted on twice, when, - 
Quorum of board of directors, - 

Of board of trustees, 

All acts by, legal. 

Two mernbers constitute, 



PAGE. 

189, 220 

- 220 

- 189 
. 189 

- 189 
. 189 
. 126 
. 193 
. 286 
. 220 
. 196 

- 226 
. 192 
. 286 
. 239 

- 100 

- 102 
. 100 
. 101 

, . 284 

- 246 
251-258 
247-251 
247-251 

. 261 

- 261 
. 259 

- 260 
208, 236 

. 225 
. 221 

- 263 

- 261 



Kailroad Taxes, commissions on. 
Real Estate, directors may hold, 
Keceii>ts of directors for schedules, 

Remarks in respect to. 
Reciprocal action of officers, - 
Registry law and school elections, 
Reinstatement of teachers, 
Rejection of votes at elections. - 
Religious observances, in school, 

Discussion of piHKMples, - ^=' 

Legal provisions concerning, 288 

Removal of township treasurer, 157, 
Renewal of certificates, - - - 

Of notes, - - - - - 

Duty of treasurer to require, - 
Prepayment of interest, not sufficient. 
Of treasurer's bond, - - - 

Must be before funds are paid. 
Rent of school-houses, - - - 

Repeal of former pr(/visions, 
Reports of boards of directors, - 
Ot County superintendents, - 
Of districts, in certain cases, - 
Of justices and clerks, - 
Of private BOhools, . - - 



. 259 

- 236 
192, 235 

. 262 

- 259 

- 156 

- 230 

- 182 

- 182 

- 271 
. 274 

- 274 
. 274 

- 198 
. 198 
. 271 

- 201 

- 157 

- 157 
157, 201 



284 
210 
104 
104 
229 
265 
121 
265 

-301 
301 

-295 
189 
120 
183 
183 
183 
170 
170 
198 
114 
115 
125 
188 
135 
189 



326 



INDEX TO COMMON SCHOOL DECISIONS. 



PAGE. 

Reports, township treasurers to make, - 180 

Requirements, for certificates, - 93, 95 

For first grade, - - - - 93 

For second grade, - - - 95 

In respect to character, - - - 97 

Residence, of pupils, - - - 259 

How determined, - - - - iJ59 

What shall constitute, - - -260 

Of school officers, - - - 2S1 

Questions concerning, - - -198 

For teachers, purchase of, - - 230 

Resignation, of directors, - - - 199 

Of teachers, principles governing, - 2i5 

Of trustees, how made, - - - 161 

Persistent neglect, equivalent to, - 151 

Retiring officers, liabilities of, - - 2S3 

Returned, soldiers may attend school 

free, ... - H4, 252 

Return of tax certificates, - - - 232 

Channel of, not essential, - -233 

Revenue laws and school instruments, 314 

Revocation of certificates, - 120, 236 

Etfect ot; - - - - - 236 

Riglits, of action, in certain eases, - 227 

Of choice in studies, . - - 261 

Of taxation to pay schedules, - - 210 

Of property, how protected, - - 50 

Road labor and township treasurers, - 190 

Road taxes and school officers, - - 286 

Rules, and regulations, - - 207, 237 

Directors to make, ... 1^37 

May be strictly enforced, - - 207 

For computatioa of interest, - - 187 

Sale, of school lands, ... 125 

Commissions on, - - - - 126 

Expenses of, how paid, - - - 125 

Of school property, - - - 196 

Of school section in full township, - 282 

Schedvtles, of teachers, - - - 235 

Assignment of, - - - - 243 

But one apportionment on, - - 154 

Cannot be changed by trustees, - 148 

Cannot be destroyed, - - - 181 

Certificate to, under new law, - - 116 

Consolidation of, - - - - 233 

Directors to receipt for, - - - 197 

False certificates to, - - - 228 

Forfeited, may he paid, when, - - 162 

Forfeiture of, - - - - 158 

Fraudulent, to be rejected, - - 179 

Must be filed and preserved, - - 181 

Must be filed in season, - - - 154 

Object of, 210 

Old, how preserved, - - - 182 
Reaching back more than six months, 204 

Separate, liabilities of directors, - 231 

Separate, must be paid, - - - 233 
Separate, rule of payment, 76, 179, 192 

Special taxes may be paid on, - - 162 

Teachers must keep, - - - 135 

To be paid by taxation, - - - 210 

Trustees to be governed by, - - 148 

Unpaid, are preferred claims, - - 106 

Unpaid, to draw interest, - - 105 

When left incomplete, - - - 219 

Schedule of stamp duties, - - 315 

Scliolars must be accommodated, - 85 

School, controversies, - - -125 

County superintendent to decide, - 125 

How adjusted, - - - -125 
Debts, priority of, ... 281 

Elections, calendar of, - - - 302 
Funds, (see Funds,) 

Houses, building of, - - - 196 

Designed for school purposes only, - 209 
Exceptional cases, religious meetings, 209 

Must be enough, - - - - 85 

Must be properly furnished, - - 85 

Must be suitable, - - - 85 

Rent or lease of, - ■ ■ - 198 

Should be insured, - - - 2ii0 



PASE. 

School, use of, .... 209 

When there are two in district, - 219 

Instruments, forms of, - - - 303 
Stamp duties on, ... 314 

Lands, sale of, - - - - 125 

Must be sold by auction, - - 152 

Purchaser of, may be treasurer, - 182 

Month and day, - - - 186, 239 

Officers, and road taxes, - - - 286 

Liabilities of, - - - - 283 
Teachers are not, .... 238 

Township treasurers are, - - 190 

Prizes, not recommended, - - 232 

Property, division of, - - 73, 162 

Equity of new law in relation to, - 73 

Exemption from taxation, - - 226 

Mode of appraisal of, - - - 7i 

Must be divided promptly, - - 74 

No division without new district, - 73 

Sale of, 196 

Sold by trustees, - - - 151, 196 

Title to, 150 

When to be divided, - - 73,192 

Section, sale of, in certain cases, - 282 

Site, directors to locate, when, • 197, 227 

District should own, - - - 212 

Supervision, necessity of, - - 60 

Value of, 60 

Visitation, benefits of, - - - 62 

How conducted, - - - - 62 

By county superintendents, - - 121 

Schools, continuance of, - - - 208 

Duties of boards of, - - - 283 

English, only, authorized by law, 98, 285 

Foreign languages in public, - - 284 

In cities and towns, ... 282 

Number of in district, ... 208 

Of teachers without certificates, - 234 

Private, in public school-houses, - 220 

Private, reports of, - - - 189 

Tax funds not to go to, when, - -234 

Section, eighty-two, reports under, - 135 

Forty-five, last line, - - -221 

Thirty-three and thirty-five, - - 193 

Sale of in whole township, - - 282 

Security, for school money loaned, - 132 

Destructible properly as, - - 132 

Separate Schedules, - - 179, 192 

Amount due on, how calculated, - 179 

Attendance, basis of, - - - 179 

How computed, - - - 179, 192 

Liability of directors respecting, - 231 

Must be paid, - - - - 233 

Rule of payment, - - - 76 

Signatures of two directors sufficient, 213 

Site, directors to choose, when, - - 227 

Directors to build on old, when, - 273 

Six hours to constitute a day. - - 111 

Six months, rule, how construed, - 148 

To be enforced, - - - - 186 

School, tax for, - - - - 221 

Six years the minimun age, - - S3 

Soldiers entitled to free attendance, - 114 

Special acts, effect of on districts, - 214 

District taxes, .... 151 

Not in control of trustees, - -151 

Stamp duties on school instruments, - 314 

Schedule of, - - - - 315 

State certificates, how granted, - - 98 

State Superintendent, - - 47, 286 

Term of office of, - - - - 47 

To hold four years, - - - 47 

Benefits of extension of term, - 48 

Has no judicial authority, - -286 

Will not act. in certain cases, - - 287 

Studies, right of choice in, - - 261 

Style and^name of districts, - . - 226 

Subscription papers, valid, - - 241 

Substitutes, employment of, - -240 

Successors, bound by contracts, - - 205 

Suit, against directors, - - . 236 

Cost of, how paid, . - - 281 



INDEX TO COMMON SCHOOL DECISIONS. 



327 



PAGE. 

Suit, for teachers' wages, - . - 20.3 

Kight of, not lost, when, - - 183 

To recover interest or principal, - 187 

Superiority of large districts, - - 71 

Supervisors, relations to siipts., - - 122 

Supreme court, respecting interest, - 187 

Surplus district funds, - - -143 

Suspension of pupils, . - -236 

Swamp laud funds, - - - 144 



, 181, 
81 



Tax, certificate, of directors, 
L)uty of treasurer respectin 
New rule relative to, - - - 

To be tiled with treasurer, 
When filed by directors. 
Collected from colored persons, 
Delinquent district, - . . 

Delinquent railroad, . _ . 

District, alienation of, - 
District, to be uniform, 
For building purposes, . - - 

For six months' school. 
Funds, district, use of, 
Payers, list of, - - . . 

Rate of, unlimited, when. 
Road, and school officers. 
Special district, - - - - 

Stamp, on school instruments, 
To be refunded, when, - - . 

To pay schedules, - . . 

Teachers, amenable to directors, 
Are not school officers. 
Are entitled to interest, 105, 177 

Are protected by contracts, 
Assignment of schedules by, - 
Assistant, to have certificates, - 
Cannot be directors, - - _ 

Cannot be required to make fires. 
Cannot receive tax funds, when, 
Cannot resign at will, - - . 

Certificates of, - . . - 

Decisions relating to, - . - 

Dismissal of, - - - . 

Dismissal, redress for, - - - 

Double employment of, 
Duty of, to enforce obedience. 
Essential to payment of, what, 
Examination of, 
Having no certificates, - 
Holidays of, what are, - 
May infhct corporal punishment. 
Must have certificates, - 
Must keep schedules, - 
Mot to admit pupils under age. 
Not to employ substitutes. 
Of subscription schools. 
One order sufficient for, 
Re-instatement of, 
Renewal of certificates of. 
Residences, purchase of. 
Revocation of certificates of, - 
Rights of, to be protected. 
School month and day of. 
Should make written contracts. 
Suits of, against directors; 
Suspension of pupils by, 
To see that pupils have permits. 
To make rules and regulations. 
Whose certificates expire during 

term, - - - - 

Whose certificates are revoked. 
Tenure ff notes and mortgages, - 
The Bible in School, - 
Full discussion of subject, 
Laws of the state in respect to. 
Third grade certificate, whj' abolished. 
Title to school property, in whom vested. 
Tobacco in school. - - - - 

Townsliips. districts partly in different. 
Divided by county lines. 
Duties of superintendent relative to, 
Election of trustees in, - 



119, 



- 203, 



121, 

287- 
295- 

288- 



PAGE. 

- 170 

- 214 

- 144 

- 139 

- 139 

- 1.39 

- 180 
Township treasurers, action on bond of ^ 90 



ToTrnships, funds and papers of, 
Funds of, cannot be alienated. 
Funds of, when in two counties. 
Having no sixteenth section, - 
Sales of school lands of, 
Who should sell lands of, 
Reports of, treasurers to make. 



Are school officers, - - - 190 

Bond of, examination of, • '- 118 

Bond of, to be renewed, - - 169 

But one bond required from, - - 189 

Cannot be released from liability, - 174 
Cannot borrow township funds, why. - 172 
Clerical services of, - 111, 159, 178 

Commissions of, how computed, HI, 185 
Custodian of all funds, - 151, 170 

Decisions concerning, - - - 169 

Duty of, in case of overpayment, - 185 
Duty of, in case of union districts, - 179 
Duty ot. in respect to tax certificate, 81, 181 
Entitled to pay for clerical services, - HI 
Exempt from road labor, - - 190 

Form of bond, change in, - - 169 

Liable for loss of fuiids, - - 174 

Liable for refusal to pay, - - 176 

May be removed by trustees, - 157, 189 
May institute suit, when, - -176 

May loan funds to school directors, - 171 
Must change map of township. - 179 

Blust deliver certificates to clerk, - 181 
Must deliver funds to successor, - 182 
Must distribute interest, - - 175 

Must file and keep schedules, 81, 181 

JIust keep funds at interest, - -171 

Must pay interest to teachers, - 177 

Must pay order of directors, - -175 

Must recognize certificate, - -180 

Must settle with directors, - 108, 178 
Payment of, as clerks, - 111, 150, 178 
Penalty for failure to turn over funds, 182 
Penalty for not reporting, - - 79 

Release nf securities on bond of, - 153 
Statement of, to be certified, - - 178 

Tax certificate to be filed with, - 81 

To call for funds, - . - 189 

To demand and keep funds, - - 170 

To file permits of transfer, - -179 

To furnish written statement, - 108,178 
To inspect district records, - -181 

To loan funds, - - - - log 

To loan funds, rate of interest. - 171 

To loan funds received for lands, - 174 
To make no distinction in funds, - 175 
To merge funds, - - - 175 

To order election of directors, when, 80, 180 
To pay only on proper orders, - 176 

To pay schedules, when, - - 116 

To prepare report, ... iso 
To report semi-annually, - -180 

To withhold funds, when, - . 185 

Who inay be, - - - . 132 

Township trustees, ability and fidelity 

required of, - - - - 68 

And directors, action reciprocal, - 229 
Apportionment by, - . - 143 

Board of, to be kept full, - - 67 

Cannot borrow township funds, - 145 

Cannot control special district taxes, 151 
Cannot release securities, - -153 

Cannot take funds from treasurer, - 152 
Concurrence of, required when, 72, 147 
Consequences of neglect to file map, 165 
County supt. to order election, - 67 

Decisions concerning, - . 143 

Deeds to be made to, - . . 219 

Discussion of duties of. - - - 163 

Dist. boundaries, changed of by, when, 147 
Election not invalidated, wheti, - 156 

Failure to organize in ten days, - 156 

Formation of districts by, - - 147 

Liable to mandamus, - - - 167 



328 



INDEX TO COMMON SCHOOL DECISIONS. 



Township trustees, liable for loss of 

funds, 152 

Liable for neglect of duty, - - 158 

Liable for jelease of securities, - 153 

Liability of in certain cases, - - 162 

May be elected directors, - -217 

May change district boundaries, - 147 

May dissolve union districts, - - 229 

May purchase books for districts, - 156 

May re-sell forfeited lands, - - 149 

May remove treasurer, - - - 157 

May teach in township, - - -154 

Must divide property, . - - 162 

Must file map, - - - - 163 

Must pay over funds, - - -151 

Not to loan funds, - - - 157 

One to be elected annually, - - 66 

Powers of enlarged, - - - 70 

Stated and special meetings of, - 68 

Tenure of piesident of, - - - 67 
Term of office of ... 65 

Title to school properly vested in, - 150 

To concur in formation of districts, - 1-17 

To draw lots, how, - - - 65 

To hold three years, - - - 65 

To organize in ten days, - - 156 

To sell Iwnds by auction, - - 152 

To sell school property, - - - 151 

Two constitute a quorum, - -157 

Vacancies, how filled, - - - 66 

"When but two are present, - - 65 

Who should be president and clerk, - 68 
Transfer of pupils permits of, - 192,235 
Treasurer. (See Township Treasurer.) 
Trustees. (See Township Trustees.) 
Two directors may act, ... 213 

Two scliool-liouses in district, - - 219 

I'owers of directors relative to, - 219 

Uniform, district taxes to be, - - 211 

Union districts, certificate of formation, 77 

Directors of, to draw lots, - - 78 



PAOH. 

Union districts.discussionof subject of, 193 

How formed, - - - 77, 193 

May be formed at any time, - - 78 

May be formed by directors, - 77, 193 

New law in relation to, - - - 77 

Trustees may dissolve, - - - 229 

Unity of the school fund, - - - 286 

Unorganized districts, pupils from, - 225 

Unpaid schedules, are preferred claims, 106 

To draw intei-est, - - - - 105 

Use, of district tax funds, - - - 209 

Of schedules, - - - - 210 

Of school-houses, - - - 209 

For religious purposes, when, - - 209 

In another district, when allowable, - 222 

Visitation of schools, by supts., - - 121 

"Voters in specially incorporated districts, 278 

Vote, to build, and school site, - -276 

Effect of, 273 

May be taken before site is chosen, - 276 
Governed by terms of call, - - 276 

To extend terms of school, - - 278 

■Warrantee deed, district should have, 212 

What fines, etc.. go to school fund, - 127 

When disti-ict ha?- more than one house, 219 

Is abolished during term, - - 2r2 

Is divided during term. - - - 159 

Is divided pending collection of tax, 215 

When pupils may be excluded. - - 260 

When purchaser borrows his bid, - 129 

When scliedule is left incomplete, - 219 

When school-house is too small, - 224 

Where owners i>t' land will not sell, - 230 

Who are elijrihle to public schools, - 259 

Who inay sell and convey, - - 151 

Why children under five should not 

be admitted, - - - - 83 

Witnesses, directors may be, - -210 

Written contracts, teachers sh'ld make, 237 



